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?
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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).