2910.004-70 - Brand name products or equal.

Standard Number: 2910.004-70
Standard Title: Brand name products or equal.

(a) Limitations on use. The identification of a requirement in a purchase description by use of one or more brand name products followed by the words ``or equal'' shall be used only under the conditions listed in FAR 10.004(b)(3). A ``brand name product'' means a current commercial product of a manufacturer described by its brand name, make, model number, catalog designation, or other description by which it is regularly offered for sale to the public in the commercial market place.
(b) Invitation requirements. (1) ``Brand name or equal'' purchase descriptions in invitations shall identify salient characteristics of the product (see 2910.004-70(b)(2)) and contain the following information to describe the specific item:
(i) Identification of the item by generic descriptions;
(ii) Make, model number, catalog designation (or other description), and identification of commercial catalog where it is listed; and
(iii) Name of manufacturer, producer, or distributor of the item and complete address.
(2) In accordance with the policy in FAR 10.002, whenever a ``brand name or equal'' purchase description is used, offerors shall be given the opportunity to offer products equal to the brand name if those products (including modifications thereto) satisfy the minimum needs of the Government. Therefore, all salient characteristics of the ``brand name or equal'' product which are determined by the office initiating the purchase request to be essential to the Government's minimum needs shall be identified separately under the heading of ``Salient Characteristics'' and included in the purchase description contained in the solicitation so the offeror understands the information to be submitted with its bid when offering an ``equal'' product for evaluation. In addition, the following certification shall be included at the end of each ``brand name or equal'' description in a solicitation for an offeror to identify its ``equal'' product:

Offerors proposing to furnish an ``equal'' product, in accordance with the ``Brand Name or Equal'' provision of this solicitation, shall insert the following description for the product.

Bidding on:

Manufacturer's Name:

Address:

Product Name (if any):

Product make, model, or catalog description:

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.