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Brand-Name Orders Discouraged

In what is becoming an annual event, the Office of Federal Procurement Policy is reminding agencies that they must justify the use of a specific brand name in solicitations.

OFPP issued similar policy memos in 2005 and 2006, but said it is still receiving complaints.

In the latest memo, issued Nov. 28, OFPP Administrator Paul Denett wrote, “Brand name or equal purchase descriptions should be properly used. Misuse of these purchase descriptions can limit competition, impact prices and, ultimately, affect how taxpayer dollars are spent.”

A new rule was added to the Federal Acquisition Regulation in December, requiring agencies to conduct market research to determine that only a single brand or its equivalent can meet the needs and to publish a justification for its finding. The rule applies to acquisitions over $25,000.

Denett said the policy is intended to “enhance transparency and competition.”


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