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13 hours ago, Vern Edwards said:

See FAR 11.107(a) and 52.211-6.

I believe that, prior to mid 1999, the policy, prescription and Provision regarding pre-award evaluation of proposed brand name or equal substitutions were not in the FAR.

The January 2007 edition of DFARS covered  the same subject at DFARs 211.270-1 but only for solicitations not-exceeding the Simplified Acquisition Threshold in Part 13. The prescription for the Provision was found at 211.270-2. The provision was numbered 252.211-7003.  

The DFARS policy language and provision were similar to the current FAR policy language provision at 52.211-6, except it isn’t limited to purchases not exceeding the Simplified Acquisition Threshold in Part 13. 

I didn’t have time yet to research the citations for inclusion in the 1999 FAR edition.

Of course, all that is moot for the purposes of this thread. I was merely curious as to when the requirement was added to FAR to submit proposed “or equal” substitutions with the offer and to evaluate them before making an award. 



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Guest Vern Edwards
18 hours ago, MAJFJPKO said:

I thank you all again for your input.  A disclosure that I should have made, and I apologize for the omission:  I was a Contracting Officer as a member of the military until my retirement in 2014.  I now work as a Contracting Officer for a Public Transit provider in a large city and as such, we are a quasi-governmental organization.  We are subject to the FAR when we are incorporating Federal Grant money into a project, but covered by the Uniform Commercial Code and "contracting by negotiation" otherwise.  It is an interesting situation in that we have to navigate between the strictness of the FAR and the somewhat murky and as I see it, "unmapped" world of commercial contracting as covered loosely by the Uniform Commercial Code.  This particular solicitation did not incorporate any Federal monies and although not covered by the FAR, it does have many of the same principles.

Bob, I suggest that you set the site so that when people post a question they will be required to say whether they work for (a) the federal government, (b) a state or local government, or (c) the private sector. 

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