2. Considerations
• OFPP Concerns
• FAR Requirements
• VHA Procurement
Manual, Customer
Reference Guide
•Brand Name or
Equal Example
Definition and Considerations
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Brand Name or Equal
purchase descriptions:
•Identify a product by its
brand name and its
model or part number
•Permit offers for
products essentially
equal to the specified
brand name
3. What is a ‘Salient Characteristic’?
A salient characteristic generally is a significant, essential physical, functional,
performance, or material element of a product or service—in other words,
the distinguishing characteristics of the product. Some agencies have
established a definition in their agency-specific regulations, including the
Department of Veterans Affairs, which defines salient characteristics as
“those particular characteristics that specifically describe the essential
physical and functional features of the material or service required. They are
features that are identified in the specifications as a mandatory requirement
that a proposed ‘equal’ product or material must possess for the bid to be
considered responsive.”
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4. OFPP Concerns
Use of Brand Name Only Specifications
• Use of “brand name only” specifications in agency solicitations may have
increased significantly in recent years
• Use of brand name only specifications limit competition and diminish the
likelihood that the agency will purchase the best value product
• Add significant risk of severely limiting small business participation
• Specifications should emphasize the necessary physical, functional, and
performance characteristics of a product, not brand names
• Agencies should encourage their acquisition professionals to limit the use
of brand name only specifications and maximize competition
References: Office of Federal Procurement Policy Memorandum, April 11, 2005, Subject: Use of Brand Name Specifications
Office of Federal Procurement Policy Memorandum, April 17, 2006, Subject: Publication of Brand Name Justifications
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5. Applicable FAR Requirements
• FAR 11.104 – Use of Brand Name or Equal Purchase Descriptions
(a) While the use of performance specifications is preferred to encourage offerors to propose innovative solutions, the use
of brand name or equal purchase descriptions may be advantageous under certain circumstances.
(b) Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those
salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be
acceptable for award. Use brand name or equal descriptions when the salient characteristics are firm requirements.
• FAR 11.105 – Items Peculiar to One Manufacturer
Agency requirements shall not be written so as to require a particular brand-name, product, or a feature of a product, peculiar to
one manufacturer, thereby precluding consideration of a product manufactured by another company, unless --
a) (1) The particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates
other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the
agency’s needs;
(2) (i) The authority to contract without providing for full and open competition is supported by the required justifications and
approvals (see 6.302-1); or
(ii) The basis for not providing for maximum practicable competition is documented in the file (see 13.106-1(b)) or justified (see 13.501)
when the acquisition is awarded using simplified acquisition procedures.
(3) The documentation or justification is posted for acquisitions over $25,000. (See 5.102(a)(6).)
(b) For multiple award schedule orders, see 8.405-6.
(c) For orders under indefinite-quantity contracts, see 16.505(a)(4).
• FAR 6.302-1(c) - Application for brand name descriptions
An acquisition that uses a brand name description … to specify a particular brand name, product, or feature of a product,
peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. It
shall be justified and approved.
Brand-name or equal descriptions … that permit prospective contractors to offer products other than those specifically
referenced by brand name provide for full and open competition and do not require justifications and approvals to support
their use.
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6. Proposal Submittal and Evaluation
FAR 52.211-6 Brand Name or Equal
(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 modification the offeror plans to make in a product to make it conform to
the solicitation requirements. Mark any descriptive material to clearly show the modification.
(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.
Reference: http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/11.htm#P5_162
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7. Market Research
•1.2. The responsibility for conducting market research falls mainly on the customer; however, the
CO and customer share responsibility for maximizing competition and ensuring that the
Government’s needs are satisfied in the most effective, economical, and timely manner; thus, to
the extent that market research contributes toward meeting these objectives, there clearly is a
shared responsibility for performing productive market research. It is imperative to understand
that it is fine for the customers to have discussions with vendors to obtain market research but
the customer should avoid any conversations that would give the vendor the impression they are
going to get the business.
•1.3. There are a number of techniques available for conducting market research. These are:
•1.3.1. Reviewing the results of similar market research performed to meet similar or identical
requirements.
•1.3.2. Querying Government databases that provide information relevant to agency
acquisitions.
•1.3.3. Contacting individuals in Government and industry regarding market capabilities to
meet requirements.
Reference: http://vaww.pclo.infoshare.va.gov/PCLO/PMWeb/Vol3Chapter2-MarketResearch.aspx
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8. Salient Characteristics
• What are Salient Characteristics?
– Salient means: prominent, conspicuous, or striking
– A “salient” feature or trait of an item
– The “or equal part” of a BNE purchase description
• Bandage procurement example –
Baseline brand name:
• Salient characteristics in the purchase description might specify
the following firm requirements:
– Flexible, sterile adhesive bandages
– Safety center pads
– Individually wrapped
– Between 1” x 3” and ¾” x 3”
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9. Brand Name or Equal Example
• A brand name or equal purchase description for bandages
specifying the previous baseline brand name and salient
characteristics would permit offers of the following products:
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10. Forms
• Attachment 2 Market Research Worksheet for Customers
• Attachment 3 Equipment and Supply Procurements
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Microsoft Word
97 - 2003 Document
Microsoft Word
Document
