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DoD to limit use of ‘Brand Name or Equal’ contract competitions

November 7, 2018 By Nancy Cleveland

The Department of Defense (DoD) has proposed a new rule limiting the use of “brand name or equal” contract competitions, calling on contracting officers to publicly justify their need for a brand name-type product before issuing a solicitation.  The rule would implement Section 888(a) of the National Defense Authorization Act of 2017, which directed the Secretary of Defense to “ensure that competition in [DoD] contracts is not limited” by brand name references without a justification under 10 U.S.C. § 2304(f).

Background

Federal procurement law requires agencies to draft competitive solicitations that describe the Government’s needs generally, rather than referencing a specific type of product.  However, “under certain circumstances,” agencies may request a specific brand name product or its equal.  An off-brand product is “equal” if it shares the same the same salient characteristics as the brand name product. 

Contractors have at times challenged, through pre-award bid protests, agency decisions to reference a brand name product as unfair and unduly restrictive of competition, contrary to the Competition in Contracting Act of 1984’s (CICA) requirement for full and open competition.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/11/whats-in-a-brand-name-dod-to-limit-use-of-brand-name-or-equal-contract-competitions/

Filed Under: Contracting News Tagged With: bid protest, brand name, CICA, competition, DFARS, DoD, equal, FAR, NDAA, or equal, solicitation

Here’s a summary of the changes in government contracting provisions of the NDAA

January 13, 2017 By Nancy Cleveland

Steve Koprince is the author of the book entitled "The Small-Business Guide to Government Contracts."
Steve Koprince is the author of the book entitled “The Small-Business Guide to Government Contracts.”

The 2017 National Defense Authorization Act (NDAA), signed into law on Dec. 23, 2016, contains at least 16 changes to federal procurement policy, many directly affecting the interests of small businesses.

Ever since the NDAA was finalized, attorney Steve Koprince and his team at Koprince Law LLC have been analyzing and summarizing each of the changes.  Here’s s list of their blog posts, each one hyperlinked to the article:

 

  • SDVOSB Programs: 2017 NDAA Sharply Curtails VA’s Authority. (Dec. 5, 2016).
  • 2017 NDAA Restricts DoD’s Use of LPTA Procedures. (Dec. 7, 2016).
  • 2017 NDAA Extends SBIR & STTR Programs For Five Years. (Dec. 8, 2016).
  • 2017 NDAA Authorizes $250 Million For New Small Business Prototyping Program. (Dec. 8, 2016).
  • 2017 NDAA Increases DoD’s Micro-Purchase Threshold To $5,000. (Dec. 9, 2016).
  • SDVOSB Programs: 2017 NDAA Modifies Ownership & Control Criteria. (Dec. 12, 2016).
  • 2017 NDAA Strengthens Subcontracting Plan Enforcement. (Dec. 13, 2016).
  • 2017 NDAA Requires GAO Report On Minority And WOSB Contract Awards. (Dec. 13, 2016).
  • 2017 NDAA Requires Report On Bid Protest Impact At DoD. (Dec. 14, 2016).
  • 2017 NDAA Restores GAO’s Task Order Jurisdiction – But Ups DoD Threshold. (Dec. 14, 2016).
  • 2017 NDAA Requires “Brand Name Or Equivalent” Justifications. (Dec. 19, 2016).
  • 2017 NDAA Establishes Preference For DoD Fixed-Price Contracts. (Dec. 21, 2016).
  • 2017 NDAA Creates Pilot Program For Subcontractors To Receive Past Performance Ratings. (Dec. 21, 2016).
  • 2017 NDAA Reiterates GAO Bid Protest Reporting Requirements. (Dec. 30, 2016).
  • 2017 NDAA Requires Report on Indefinite Delivery Contracts. (Jan. 4, 2017).
  • Cost/Price Evaluation To Be Discretionary For Some DoD IDIQs. (Jan. 6, 2017).

For more information, visit: http://smallgovcon.com 

 

Filed Under: Contracting News Tagged With: award protest, bid protest, brand name, cost and price, DoD, FAR, federal regulations, government regulation, IDIQ, LPTA, micropurchase, minority owned business, NDAA, ownership and control, rulemaking, SBIR, SDVOSB, subcontracting, VA, VOSB, wosb

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