§ 410.004 - Selecting specifications or descriptions for use.

(a) In accordance with FAR 10.004(b)(2), purchase descriptions shall not specify a product, or specific feature of a product, peculiar to a manufacturer unless the office initiating the purchase request furnishes written documentation and the contracting officer concurs that the product, or specific product feature, is essential to the Government's requirements and other similar products will not meet their requirements.

(b) A “brand name or equal” purchase description shall be used only under the conditions listed in FAR 10.004(b)(3) and in accordance with the following policies and procedures.

(1) A “brand name product” is a commercial product described by its brand name, make, model number, catalog designation or other description by which it is regularly offered for sale in the commercial marketplace.

(2) A “Brand Name, or Equal” purchase description shall include the following type information to clearly indentify the specific item named by brand(s):

(i) Identification of the item by generic description.

(ii) Make, model number, catalog designation, or other description, and identification of the commercial catalog where it is listed.

(iii) Name of manufacturer, producer, or distributor of the item and complete address.

(3) All salient characteristics of the “brand name product or products” which have been determined by the initiating office to be essential to the Government's minimum requirements shall be clearly identified and included in the purchase description under the heading, “Salient Characteristics.”

(4) The following or similar language shall be included in every solicitation seeking offers on a “brand name, or equal” basis to allow offerors the opportunity to clearly identify the “equal” item being offered, and how that item meets the salient characteristics requirements of the Government:

(i) Offerors proposing to furnish an “equal” product, in accordance with the “Brand Name, or Equal” provision of this solicitation, shall provide the following information for the offered product:

Offerors shall also be responsible for submitting all additional information on the above product necessary for the Government to determine whether the product offered meets the salient characteristics of the “brand name” as listed in the solicitation.

(5) In addition, the provision at 452.210-70, Brand Name or Equal, shall be inserted in solicitations where “brand name or equal” purchase descriptions are used. This provision may be modified for use in negotiated contracts.

(c) The policies and procedures in this section and the provision at 452.210-70 are not applicable to contracts for construction services, since the use of trade name descriptions are covered by the clause at FAR 52.236-5, Material and Workmanship.