16.505  Ordering.

9.  Amend section 16.505 by--

a.  Revising paragraph (a)(1);

b.  Redesignating paragraphs (a)(4) through (a)(10) as paragraphs (a)(5) through (a)(11), respectively; and

c.  Adding a new paragraph (a)(4).

The revised and added text reads as follows:

16.505  Ordering.

(a) * * *

(1)  In general, the contracting officer does not synopsize orders under indefinite-delivery contracts; except see 16.505(a)(4) and (11), and 16.505(b)(2)(ii)(D).

* * * * *

(4)  The following requirements apply when procuring items peculiar to one manufacturer:

(i)  The contracting officer must justify restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer). A brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer. Brand-name specifications shall not be used unless the particular brand-name, product, or feature is essential to the Government's requirements and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs.

(ii)  Requirements for use of items peculiar to one manufacturer shall be justified and approved using the format(s) and requirements from paragraphs (b)(2)(ii)(A), (B), and (C) of this section, modified to show the brand-name justification. A justification is required unless a justification covering the requirements in the order was previously approved for the contract in accordance with 6.302-1(c) or unless the base contract is a single-award contract awarded under full and open competition. Justifications for the use of brand-name specifications must be completed and approved at the time the requirement for a brand-name is determined.

(iii)

(A)  For an order in excess of $25,000, the contracting officer shall--

(1)  Post the justification and supporting ocumentation on the agency Web site used (if any) to solicit offers for orders under the contract; or

(2)  Provide the justification and supporting documentation along with the solicitation to all contract awardees.

(B)  The justifications for brand-name acquisitions may apply to the portion of the acquisition requiring the brand-name item. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion.

(C)  The requirements in paragraph (a)(4)(iii)(A) of this section do not apply when disclosure would compromise the national security (e.g., would result in disclosure of classified information) or create other security risks.

(D)  The justification is subject to the screening equirement in paragraph (b)(2)(ii)(D)(4) of this section.

* * * * *