FAR 52.211-6 -Brand Name or Equal

From Knowledge base
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Prescribed in 11.107(a)

Effective Date:1 August 1999
Clause or Provision:Provision
Provision or Clause Number: 52.211-6 -Brand Name or Equal

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Time and Materials/Labor Hour; Fixed Price, Supply; Cost Reimbursement, Supply; Time & Material/Labor Hour; Indefinite Delivery; Simplified Acquisition Procedures (Excludes Micro-Purchase)
Optional:Utility Services; Facilities; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Fixed Price, Construction; Cost Reimbursement, Construction; Fixed Price, Service; Cost Reimbursement, Service
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

(a) Insert the provision at 52.211-6, Brand Name or Equal, when brand name or equal purchase descriptions are included in a solicitation.

Clause Overview:

Provision

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.


(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

  • (i) Brand name, if any; and
  • (ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.


(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.


(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

Important Notes/Requirements:

Applicable when brand name or equal purchase descriptions are included in a solicitation. Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:L
Editor:Marshall

Personal notes.