[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR811.104-70]



[Page 167-168]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS

 

PART 811_DESCRIBING AGENCY NEEDS--Table of Contents

 

      Subpart 811.1_Selecting and Developing Requirements Documents

 

Sec. 811.104-70  Purchase descriptions.



    (a) When any purchase description, including a ``brand name or 

equal'' purchase description, is used in a solicitation for a supply 

contract to describe required items of mechanical equipment, the 

solicitation will include the clauses in 852.211-70 (Service Data 

Manual) and in 852.211-71 (Guarantee).

    (b) Solicitations using ``brand name or equal'' purchase 

descriptions will contain the ``brand name or equal'' clause in 852.211-

77, and the provision set forth at FAR 52.214-21, Descriptive 

Literature. Contracting officers are cautioned to review the 

requirements at FAR 14.202-5(d) when utilizing the descriptive 

literature provision.

    (c) Except as provided in paragraph 811.104-70(d), when a ``brand 

name or equal'' purchase description is included in an invitation for 

bids, the following shall be inserted after each item so described in 

the solicitation, for completion by the bidder:



                               Bidding on:



Manufacturer name_______________________________________________________



Brand___________________________________________________________________



No._____________________________________________________________________



    (d)(1) When component parts of an end item are described in the 

solicitation by a ``brand name or equal'' purchase description and the 

contracting officer determines that the clause in 811.104-70(b) is 

inapplicable to such component parts, the requirements of 811.104-70(c) 

shall not apply with respect to such component parts. In such cases, if 

the clause is included in the solicitation for other reasons, a 

statement substantially as follows also shall be included:



    The clause entitled ``Brand Name or Equal'' does not apply to the 

following component parts (list the component parts to which the clause 

does not apply): and



    (2) In the alternative, if the contracting officer determines that 

the clause in 811.104-70(b) shall apply to only certain such component 

parts, the requirements of 811.104-70(c) shall apply to such component 

parts and a statement substantially as follows also shall be included:



    The clause entitled ``Brand Name or Equal'' applies to the following 

component parts (list the component parts to which the clause applies):



    (e) When a solicitation contains ``brand name or equal'' purchase 

descriptions, bidders who offer brand name products, including component 

parts, referenced in such descriptions shall not be required to furnish 

bid samples of the referenced brand name products. However, 

solicitations may



[[Page 168]]



require the submission of bid samples in the case of bidders offering 

``or equal'' products. If bid samples are required, the solicitation 

shall include the provision set forth at FAR 52.214-20, Bid Samples. The 

bidder must still furnish all descriptive literature in accordance with 

and for the purpose set forth in the ``Brand Name or Equal'' clause, 

852.211-77(c)(1) and (2), even though bid samples may not be required.