Overview
FAR 36.202 establishes the mandatory standards for drafting construction specifications, ensuring they remain competitive, standardized, and legally compliant with broader acquisition policies.
Key Rules
- Compliance with Part 11: Construction specifications must align with the general requirements for describing agency needs as outlined in FAR Part 11.
- Use of Recognized Standards: Contracting officers are required, whenever possible, to cite established standards from government agencies, industry bodies, or technical societies rather than proprietary or unique descriptions.
- "Brand Name or Equal" Requirements: If a specific brand name is used as a benchmark, the specification must explicitly list the "salient characteristics" (physical, functional, or other essential features) that an alternative product must meet to be considered "equal."
Practical Implications
- This section prevents agencies from creating overly restrictive specifications that would limit competition to a single provider.
- In practice, failure to clearly define the essential characteristics in a "brand name or equal" solicitation is a frequent point of contention and a common basis for bid protests.