05-10

Procurement Information Circular


September 9, 2005

PUBLICATION OF THE JUSTIFICATION OF BRAND NAME SPECIFICATIONS REQUIREMENTS

 

PURPOSE:  To notify procurement offices of the requirement to publicize the written justification for acquiring brand name, product, or feature of a product peculiar to one manufacturer with the solicitation when the solicitation is posted on the Federal Business Opportunities website www.fedbizopps.gov.

 

BACKGROUND:  Office of Management and Budget (OMB) Memorandum entitled Use of Brand Name Specifications dated April 11, 2005, required agencies to:

   1.  Mitigate brand name usage; and

   2.  When the acquisition of a particular brand name, product, or feature of a product peculiar to one manufacturer is warranted, publish the written justification required by FAR 11.105 with the solicitation on the Federal Business Opportunities website.  If disclosure of the justification would compromise national security or trade secrets, or similar concerns make publicizing the justification inappropriate a copy of the written justification shall be submitted to the Office of Federal Procurement Policy.

 

A FAR change is in process to incorporate the OMB requirements.

 

GUIDANCE:  The intent of the OMB Memorandum was to require publication of written brand name requirement justifications for Federal Supply Schedule (FSS) acquisitions with a value over $2,500, and non-FSS acquisitions (including commercial items) with a value over $25,000.

 

However, due to ambiguities in OMBís memorandum and the confusion over the method of posting brand name requirement justifications for FSS acquisitions, OMB has advised that until the FAR is revised to reflect the intent of the OMB memo, agencies are required only to publish brand name justifications for solicitations required to be posted on Fedbizopps.  Accordingly, publication of brand name justifications for FSS purchases is not required at this time.  For justifications that would compromise national security or trade secrets, or similar concerns, contracting officers shall forward copies of the written justifications to the Headquarters Office of Procurement, Program Operations Division.     

 

CANCELLATION:  This PIC cancels PIC 05-09, dated August 9, 2005.

 

EFFECTIVE DATE:  This PIC is effective as dated and shall remain in effect until publication of the pending FAR change.

 

HEADQUARTERS CONTACTS:  Marilyn J. Seppi, Contract Management Division, (703) 553-2551, email: marilyn.j.seppi@nasa.gov.

 

James A. Balinskas

Director, Contract Management Division

 

DISTRIBUTION:

  PIC List