Department of the Interior Acquisition Guidance Release (DOIAG) 2008-02

SUBJECT: Appropriate Use of Brand Name or Equal Purchase Descriptions

1. Purpose:

This acquisition guidance release is issued to remind procurment staff of mandated OMB policy to prepare and post "brand name or equal" justifications in accordance with the new FAR requirements.

2. Effective Date:

Effective immediately upon issuance.

3. Background and Explanation:

Federal Acquisition Circular (FAC 2005-13), dated September 28, 2006, amended the FAR to implement OMB's policy on the use of Brand Name Specifications. The purpose of this change was to enhance transparency and competition. Most recently, OMB has become inundated withh complaints on the inappropriate use of brand name or equal purchase descriptions in solicitations.

4. Applicability:Brand name or equal justifications are required for posting requirements for acquisitions, including Simplified Acquisitions and Sole Source procurements, over $25,000.

5. Use of "Brand Name or Equal" Purchase Descriptions:

The FAR provides the following guidance:

Ensure that your bureau's acquisition plan addresses why the capabilities or performance characteristics for the supply or service are not available for incorporation into the solicitation;

During the acquisition planning process, advise program and requiring officials on the appropriate use of "brand name or equal" descriptions and how those descriptions will effect the solicitation;

Ensure that the "brand name or equal" specification is the only brand that can meet your needs (Conduct market research and document results to reflect this decision);

Prepare and publicize the "brand name or equal" justification on the appropriate website in accordance with FAR Part 5.102(a)(6) and 8.405-6.

6. Consideration: Misuse of purchase descriptions can limit competition, impact prices and have an adverse effect on how taxpayer dollars are spent.

7. Additional Information:

If you have any questions about this matter, please contact LaTonya Garrett, Office of Acquisition and Property Management, at (202) 513-0747.