1410.004	Selecting specifications or descriptions for use
1410.004-70	Solicitation requirements for brand name products or equal
1410.007	Deviations

1410.004 Selecting specifications or descriptions for use

(b)(3) A "brand name or equal" purchase description shall be used only under the conditions listed in FAR 10.004(b)(3) and in accordance with the policies and procedures in 1410.004-70.

1410.004-70 Solicitation requirements for brand name products or equal

(a) "Brand name or equal" purchase descriptions in solicitations shall contain the following information:

1. Identification of the item by generic descriptions;
2. Make, model number, catalog designation (or other description), and identification of commercial catalog where it is listed; and
3. Name of manufacturer, producer, or distributor of the item and complete address.

(b) All characteristics of the product which the office initiating the purchase determines to be essential to the Government's minimum needs shall be separately identified under the heading of "salient characteristics" and included in the purchase description contained in the solicitation. The Product/Line Description is identified in Electronic Commerce transaction sets 840 (RFQ) and 843 (Response to RFQ).

(c) The solicitation must be clear as to the information offerors must submit when offering "equal" products for evaluation. The following statement 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.

Product Name:
Manufacturer's Name:
Address:
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."

(d) In addition, the provision at 1452.210-70, Brand Name or Equal - Department of the Interior, shall be inserted by the CO in solicitations where a "brand name or equal" purchase description is used.

(e) If the CO determines that the product has no material effect on the acceptability of a deliverable end item in a bid or proposal, the CO shall use Alternate I to the provision at DIAR 1452.210-70.

1410.007 Deviations

(a) When the specifications, standards, or item descriptions from GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions are not appropriate for meeting the minimum needs of the Government, and none of the exceptions listed in FAR 10.006 apply, the HCA is authorized to approve exceptions or deviations to their mandatory use. The HCA is responsible for accomplishing the action required under FAR 10.007, and in addition to the notice provided to GSA, a copy shall also be sent to the Director, PAM.

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