Amendment Far Clause 52.211-6.pdf

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Attached to
Wilmington VAMC Rekey Federal contract opportunity
Solicitation number
36C244
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 4

About this file

This document is a Federal Acquisition Regulation (FAR) clause provision governing the use of "brand name or equal" purchasing descriptions in federal solicitations.

The clause establishes requirements for contractors submitting offers for products identified as "brand name or equal" in a solicitation. Offers of equal products must meet all salient physical, functional, or performance characteristics specified in the solicitation and clearly identify the item by brand name and make or model number. Contractors must provide descriptive literature such as illustrations or drawings, or reference previously furnished descriptive data available to the Contracting Officer, and clearly describe any modifications planned to make the product conform to solicitation requirements, with modifications marked prominently on descriptive materials. The Contracting Officer will evaluate equal products based solely on information furnished by the offeror or reasonably available to the Contracting Officer, with no responsibility for locating information not identified in the offer. Unless an offeror explicitly indicates in its offer that an equal product is being proposed, the offeror shall provide the specific brand name product referenced in the solicitation.

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Text version

Incorporating FAR Clause 52.211-6 9 (Aug 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer;

and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

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