Overview
This section outlines the policy for using "brand name or equal" descriptions in solicitations, noting that while performance-based specifications are preferred to foster innovation, brand name descriptions are permissible when specific characteristics are essential.
Key Rules
- Preference for Performance Specs: Agencies should prioritize performance specifications to encourage offerors to provide innovative solutions.
- Requirement for Salient Characteristics: When using a brand name or equal description, the government must identify the specific physical, functional, or performance characteristics (salient characteristics) that an alternative product must meet.
- Applicability: Brand name or equal descriptions should be utilized specifically when the identified salient characteristics are firm requirements for the procurement.
Practical Implications
- To ensure fair competition, contracting officers must provide enough detail about the brand name item's features so that vendors can propose equivalent alternatives that meet the government's actual needs.
- Offerors proposing an "equal" product bear the burden of demonstrating that their item matches all listed salient characteristics to be considered technically acceptable for award.