[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR1852.210-70]

[Page 269-270]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
        CHAPTER 18--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
 
Sec. 1852.210-70  Brand name or equal.

    As prescribed in 1810.011-70(a), insert the following provision:

                     Brand Name or Equal (DEC 1988)

    (a) As used in this provision, ``brand name'' means identification 
of products by make and model. The term ``bid'' means ``offer'' if this 
is a negotiated acquisition.
    (b) If items called for by this solicitation are identified in the 
Schedule by a ``brand

[[Page 270]]

name or equal'' description, that identification is intended to be 
descriptive, not restrictive, and is to indicate the quality and 
characteristics of products that will be satisfactory. Bids offering 
``equal'' products, including products of the brand name manufacturer 
other than the one described by brand name, will be considered for award 
if the products are clearly identified in the bids and are determined by 
the Government to meet fully the salient characteristics requirements 
referenced in the solicitation.
    (c) Unless the offeror clearly indicates in the bid that it is 
offering an ``equal'' product, the bid shall be considered as offering a 
brand-name product referenced in the solicitation.
    (d)(1) If the offeror proposes to furnish an ``equal'' product, the 
brand name, if any, of the product to be furnished shall be inserted in 
the space provided in the solicitation, or that product shall be 
otherwise clearly identified in the bid. The evaluation of bids and the 
determination as to equality of the product offered shall be the 
responsibility of the Government and will be based on information 
furnished by the offeror or identified in its bid, as well as on other 
information reasonably available to the contracting activity.
    (2) Caution to Offerors: The contracting office is not responsible 
for locating or securing any information not identified in the bid and 
reasonably available to the contracting office. Accordingly, to ensure 
that sufficient information is available, the offeror must furnish as a 
part of its bid all descriptive material (such as cuts, illustrations, 
drawings, or other information) necessary for the contracting office to 
(i) determine whether the product offered meets the salient 
characteristics requirements of the solicitation and (ii) establish 
exactly what the offeror proposes to furnish and what the Government 
would be binding itself to purchase by making an award. The information 
furnished may include specific references to information previously 
furnished or to information otherwise available to the contracting 
office.
    (3) If the offeror proposes to modify a product so as to make it 
conform to the requirements of the solicitation, it shall (i) include in 
the bid a clear description of the proposed modifications and (ii) 
clearly mark any descriptive material to show them.
    (4) If this is a sealed-bid acquisition, modifications proposed 
after bid opening to make a product conform to a brand name product 
referenced in the solicitation will not be considered.

                           (End of provision)

[54 FR 28340, July 5, 1989, as amended at 56 FR 12460, Mar. 26, 1991]