Dated: 4/15/09
Replaces: 6/4/96
Internal Policy and Procedures
Specifications, Use of Manufacturer or Brand Names
POLICY:
Formal written bids require specifications which exclude reference to manufacturer or brand names. This requirement is mandated by the Wisconsin Department of Administration and is intended to maximize competition.
PROCEDURES:
1. Agents should remove any brand name references and work with the customer to assure all requirements listed are necessary to the performance of the equipment, supplies or service.
2. Manufacturer or brand names may be used if one of the following situations have been identified as a need for the commodity being bid: compatibility with other equipment, instructional program, and unique research needs, etc.
3. If manufacturer or brand names are needed, agent must include a memo (refer to 5 below) which explains in detail why there was a critical need to use manufacturer or brand names. Bid processor will place the memo in the bid jacket.
4. Agent must also place one of the following paragraphs (the most appropriate) modified for the particular bid under Special Condition Product Information of the bid document.
4.1 Brand “X” or equal. “With reference to the enclosed specifications please be advised that the following product(s) is(are) known to fulfill these requirements:”
4.2 Compatibility. “With reference to the enclosed specifications, only the following product(s), which is(are) compatible with existing equipment, will be acceptable for award:” (existing equipment brand name, model number; contact (NAME) for technical questions at (PHONE).
4.3 Acceptable Products List (APL). “With reference to the enclosed specifications, product award will be chosen from an APL. No other manufacturer’s products will be considered at the time of bid opening. Instructions for submitting other products for testing for possible inclusion on the APL are found section ____ of the bid conditions. All bids submitted must offer products from the following APL: ”
NOTE: APL can only be used if there is a regular and open opportunity for vendors to supply products for qualification. There must be an opportunity for qualification with each bidding cycle.
4.4 Brand Name Merchandise for Resale. “With reference to the enclosed specifications, only the following product(s) will be acceptable for award since the merchandise required on this bid is to be bought and resold by brand name and/or customer preference in a public or institution store: “5. Examples of Memo to the File using modifications to the above follow:
5.1 “With reference to the enclosed specifications, product award is based, in part, on an Acceptable Products List (APL). Other manufacturers’ products may be considered at the time of bid opening. Instructions for submitting other products for consideration are found in section ___ of the bid conditions.”
5.2 “Brand names have been used in this bid to provide an acceptable level of quality; this will be used to make an award. If an vendor bids an alternate, the burden of providing equivalency is placed upon that vendor (provide test reports). The University does not have equipment to test air filters. The brands (manufacturers) and model numbers listed are the top of the line. This quality is needed as the cost of labor to replace filters far exceeds the cost of the filters.
6. A request for bid which states the method of award will be based on the highest percentage discount off the list price does not require the use of “generic” specifications, e.g. those which exclude reference to manufacture or brand names.