Carl,

Where does CICA say "you must use the clause to afford competition for procurements over the SAT"?

ji20874,

Your suppositions are both correct, given your assumption that use of the provision is consistent (or not inconsistent) with customary commercial practice. Enjoy your weekend.

Don - My apology for not stating it perfectly. CICA says this and a lot more....

(a)

(1) Except as provided in subsections (B ), (c ), and (g) and except in the case of procurement procedures otherwise expressly authorized by statute, the head of an agency in conducting a procurement for property or services—

(A) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this chapter and the Federal Acquisition Regulation; and

(B ) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.

And then as I have already noted FAR Parts 6, 11, and 13 all state that brand name is not competition when over the SAT. And specifically FAR 13.5 says it is not for a for "certain" commercial items unless you use the clause to provide for the or equal.

Please note that CICA does give the exception to buying brand name not competitively when the item is being bought for resale.

I'm still not seeing a requirement to use FAR 52.211-6 for a commercial solicitation for a "brand name or equal" requirement. That's ok, though. Time to discuss something else.