Sign In
  • Question

    Can a brand name or equal acquisition be completed on a small business set-aside when the brand item named is manufactured by a large business when no class waiver exists? What if all the companies quote a the large, brand name item? Can this feasibly work?


    You have two issues.
    1. The use of a brand name or equal does not create a problem and a J&A isn't required per FAR Part 6.302-1(c). This will allow you to solicit openly for the item and make a best value decision.

    2. The strategy to set-aside a brand-name or equal for an item manufactured by a Large Business seems questionable but FAR 19.102(f)(5) allows "For a specific solicitation, a contracting officer may request a waiver of that part of the nonmanufacturer rule which requires that the actual manufacturer or processor be a small business concern if no known domestic small business manufacturers or processors can reasonably be expected to offer a product meeting the requirements of the solicitation."

    19.001 -- Definitions.

    FAR 19.001 Definitions defines the “Nonmanufacturer rule” means that a contractor under a small business set-aside or 8(a) contract shall be a small business under the applicable size standard and shall provide either its own product or that of another domestic small business manufacturing or processing concern (see 13 CFR 121.406).

    Open full Question Details