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  • Question

    Recognizing the Material and Workmanship Clause found at FAR 52.236-5 refers to the use of brand names as establishing a "standard of quality", are their any other FAR prohibitions, approvals, or requirements regarding specifying brand names in the RFP for FFP Construction Contract Task Orders and/or their subsequent modifications?


    Answer

    The following response is based solely on the question and background information provided. As we do not have all of the facts particular to your contract, program, and situation, we highly recommend you consult your Contracting Officer and Legal Office for guidance.
     
    Using brand names in FFP construction contract task orders and modifications are not "prohibited".  However, you may be required to complete a "justification and approval" to meet competition requirements.  See FAR 16.505(a)(4) for guidance regarding the task order scenario you provided.
     
    The clause you reference at FAR 52.236-5, which is used in all solicitation and contracts for construction,  doesn't prohibit brand or trade name requirements.  Instead, it tells the contractor that when these sorts of things are in the specifications, that the contractor may propose and use alternate equipment, material, etc.
     

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