Government Contracts DoD Rule Proposes Required Brand Name or Equal Descriptions
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Monday, November 26, 2018

DoD Rule Proposes Required Brand Name or Equal Descriptions

By Government Contracts Editorial Staff

A Department of Defense proposed rule seeks to amend the Defense Federal Acquisition Regulation Supplement to require brand name or equivalent descriptions, or proprietary specifications or standards, to be justified and approved. The rule implements section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (PL 114-328), which requires that solicitations not competition on DoD contracts through the use of brand name or equivalent descriptions, or proprietary specifications or standards, unless a justification for the specification is provided and approved in accordance with 10 USC 2304(f). Specifically, this rule proposes to amend DFARS 206.302-1 to add a new paragraph (c)(2) to advise contracting officers that, notwithstanding FAR 6.302-1(c)(2), a justification and approval described at FAR 6.303 is required when using brand name or equal descriptions. The rule would also add a new paragraph (S-70) to provide a similar instruction for proprietary specifications or standards. In addition, the rule proposes two new sections at DFARS 211.104 and DFARS 211.170 to set forth the justification and approval requirement, and it would make a corresponding change to DFARS 213.501. Comments on the rule, identified by DFARS Case 2017-D040, are due December 31, 2018. For the text of the rule, see ¶70,020.421.

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