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Brand Name or Equal--Commercial Item  

8 members have voted

  1. 1. Your are a contracting officer soliciting for a commercial item. Your customer has provided a Brand Name or Equal Specification. You notice that FAR provision 52.211-6 Brand Name or Equal is not listed among approved commercial item provisions and clauses at 12.301(b). Would you?

    • Advise the customer you cannot solicit with a Commercial Item using a Brand Name or Equal Specification?
    • Insert the provision 52.211-6 anyway since many commercial items solicitations are issued that way
    • Leave out the provision 52.211-6, but ensure you use the CLIN specification for a Brand Name or Equal item and plan to invoke the Christian Doctrine if the missing clause becomes an issue.
    • Add Brand Name or Equal language in an Addendum to FAR 52.212-1 Instructions to Offerors since this practice is allowed if consistent with commercial practices

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