[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]



[Page 166-167]

 

            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  Items particular to one manufacturer.





    (a) Specifications shall be written in accordance with FAR 11.002 

unless otherwise justified by the specification writer and approved by 

the contracting officer as described in paragraph (b) of this section. 

The contract file shall be documented accordingly.

    (b) When it is determined that a particular physical or functional 

characteristic of only one product will meet the minimum requirements of 

the Department of Veterans Affairs (see FAR 11.104) or that a ``brand 

name or equal'' purchase description will be used, the specification 

writer, whether agency personnel, architect-engineer, or consultant with 

which the Department of Veterans Affairs has contracted, shall 

separately identify the item(s) to the contracting officer and provide a 

full written justification of the reason the particular characteristic 

is essential to the Government's requirements or why the ``brand name or 

equal'' purchase description is necessary. The contracting officer shall 

make the final determination whether restrictive specifications or 

``brand name or equal'' purchase descriptions will be included in the 

solicitation.

    (c) Purchase descriptions that contain references to one or more 

brand name products may be used only in accordance with 811.104-70, 

811.104-71, and 811.104-72. In addition, purchase descriptions that 

contain references to one or more brand name products shall be followed 

by the words ``or equal,'' except when the acquisition is fully 

justified under FAR 6.3 and VAAR 806.3. Acceptable brand name products 

should be listed in the solicitation. Where a ``brand name or equal'' 

purchase description is used, prospective contractors must be given the 

opportunity to offer products other than those specifically referenced 

by brand name if such other products are determined by the Government to 

fully meet the salient characteristics listed in the invitation. The 

contract file will be documented in accordance with paragraph (b) of 

this section, justifying the need for use of a brand name or equal 

description.

    (d) ``Brand name or equal'' purchase descriptions shall set forth 

those salient physical, functional, or other characteristics of the 

referenced products which are essential to the minimum needs of the 

Government. For example, when interchangeability of parts is required, 

such requirement



[[Page 167]]



should be specified. Purchase descriptions shall contain the following 

information to the extent available and include such other information 

as is necessary to describe the item required:

    (1) Complete common generic identification of the item required;

    (2) Applicable model, make or catalog number for each brand name 

product referenced, and identity of the commercial catalog in which it 

appears; and

    (3) Name of manufacturer, producer or distributor of each brand name 

product referenced (and address if not well known).

    (e) When necessary to describe adequately the item required, an 

applicable commercial catalog description or pertinent extract may be 

used if such description is identified in the solicitation as being that 

of the particular named manufacturer, producer or distributor. The 

contracting officer will insure that a copy of any catalogs referenced 

(except parts catalogs) is available on request for review by bidders at 

the purchasing office.

    (f) Except as noted in paragraph (d) of this section, purchase 

descriptions shall not include either minimum or maximum restrictive 

dimensions, weights, materials or other salient characteristics which 

are unique to a brand name product or which would tend to eliminate 

competition or other products which are only marginally outside the 

restrictions. However, purchase description may include restrictive 

dimensions, weights, materials or other salient characteristics if such 

restrictions are determined in writing by the user to be essential to 

the Government's requirements, the brand name of the product is included 

in the purchase description, and all other determinations required by 

811.104 are made.