Afterthoughts: Contract Interpretation

If you are performing a contract and the terms of the contract become an issue, what are the key things that you should be concerned about? Is it different if you are a government procurement official or private contractor? Well I think the concerns are basically the same whichever party you are a part of. If you are having a disagreement, the parties need to step back and look at the positions they are each taking and ask themselves, if a judge read these words – without any help about how we performed this contract before or after we signed it – what would he or she objectively think the words meant. What is the plain meaning of these words? To do this sort of … Continue reading

FAR 52.211-6, Brand Name or Equal

Applicability: This FAR solicitation provision is included when “brand name or equal” purchase descriptions are included in a solicitation.   Key Requirements:  For items identified in the solicitation as “brand name or equal”, this solicitation provision requires that the offeror’s proposal indicate each product that is being offered as an “equal” product.  In addition, for each equal product, the proposal must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of “equal” products specified in the solicitation.  The proposal must also clearly identify the item by brand name (if any), and make/model number.  In addition, the proposal must include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or … Continue reading