Glossary
Or equal (brand name or equal)
Or equal (brand name or equal) is a specification clause that names a product as the standard and allows an equal product that meets the salient characteristics stated in the specification. The offer has to identify the product it offers.
In short
An or equal clause names a brand or model as the standard and allows an equal product in its place. In US specifications the wording is “brand name or equal” or “approved equal”.
An equal product must meet the salient physical, functional or performance characteristics of the specification. Under FAR 52.211-6 the offer has to name the brand and model and include descriptive literature.
In Germany the same idea is the Leitfabrikat. Tenders are product-neutral as the rule. A named product must carry the addition „oder gleichwertig“ (VOB/A 2019 § 7 Abs. 2).
Example
An item in a bill of quantities asks for a panel radiator, type 22, height 600 mm, length 1,200 mm and white RAL 9016, including wall brackets. The item names one manufacturer’s product, followed by the words „oder gleichwertig“.
A bidder who offers another make enters that product in the bidder field „Angebotenes Fabrikat“ and attaches the datasheet. In a GAEB DA XML file, the bidder field is a TextComplement element with Kind set to Bidder. Before the offer goes out, the estimator compares the datasheet with the height, length, colour and scope in the text, including the wall brackets.
What to watch for
Name the offered product clearly, with brand, model and variant.
Prove equivalence with datasheets. Compare the characteristics that the long text demands, such as dimensions, classes and norms, not the brand name.
Attached spec sheets are part of the offer, so attach the sheet for the exact variant you offer.
A competitor’s product named as Leitfabrikat is normal in project business, so check every such item carefully.
Not to be confused with
Wahlposition: a separate alternative item that the client may choose later instead of the base item. It is an item type, not a product reference.
Nebenangebot: the bidder’s own alternative proposal for the tendered work. An equal product for one item is not a Nebenangebot; it is stated in the main offer. Under VOB/A 2019 § 13 Abs. 2 such a deviating product is allowed if it is equal in safety, health and usability, it must be marked clearly, and its equivalence must be proven with the offer.
<DetailTxt><Text>
<p>Flachheizkörper Typ 22, Bauhöhe 600 mm, Baulänge 1.200 mm ...</p>
<p>Angebotenes Fabrikat:
<TextComplement Kind="Bidder" MarkLbl="1">
<ComplBody><p>..........</p></ComplBody>
</TextComplement>
</p>
</Text></DetailTxt>In Mercura
Mercura suggests matching articles from the customer’s own catalogue for every item, also when the text names another manufacturer’s product.
Related terms
Kurztext and Langtext (short and long text)
Kurztext and Langtext are the two texts of every item in a German bill of quantities. The Kurztext is a one-line label, and the Langtext is the full description of the work with material, dimensions, norms and scope.
Part number cross reference
A part number cross reference is a table that maps one part number to an equivalent one: the product of a competitor to your own, a customer number to your article number, or an old number to its successor.
Spec sheet
A spec sheet, also called a data sheet, is the manufacturer’s document with the technical data of one product or product series: dimensions, materials, ratings, norms, certificates, options and order codes.
STLB-Bau (German standard specification texts)
STLB-Bau (Standardleistungsbuch für das Bauwesen) is a digital, dynamic text system with standard wording for VOB-compliant tender texts. Its texts are organised by trade.
Werksanfrage (supplier quote request to the manufacturer)
A Werksanfrage is a wholesaler’s request to a manufacturer about the items of a project: project conditions, availability, delivery times, technical questions or an equivalent product.
Submittal
A submittal is a US construction term for the documents a contractor sends to the architect and engineer for approval before ordering or installing products. Typical contents are product data, shop drawings and samples.
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