Overview
This section prescribes the specific solicitation provisions that contracting officers must include when using "brand name or equal" purchase descriptions or when utilizing government-unique technical standards.
Key Rules
- Brand Name or Equal: Provision 52.211-6 must be included in any solicitation that uses brand name or equal purchase descriptions to allow offerors to propose equivalent products.
- Government-Unique Standards: Provision 52.211-7 must be included when an agency uses government-unique standards and reports its use of voluntary consensus standards via the "transaction-based" method.
- Reporting Methods:
- Transaction-based: Used by agencies managing specifications on a contract-by-contract basis (provision is mandatory).
- Categorical: Used by agencies that manage specifications centrally (provision is optional).
- Compliance: The use of these provisions supports OMB Circular A-119, which encourages federal participation in the development and use of voluntary consensus standards.
Practical Implications
- Contractors are officially permitted to propose "equal" products that meet the salient characteristics of a named brand, fostering competition and preventing restrictive specifications.
- Contracting officers must verify their specific agency's reporting method (transaction-based vs. categorical) to ensure legal compliance regarding technical standards provisions.