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Failure to Accept an ‘or Equal’ - Valid Restriction or Restraint of Trade

Failure to Accept an ‘or Equal’ - Valid Restriction or Restraint of Trade
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This paper addresses the general rules and principles under federal and select state law1 (California and Michigan) surrounding the use of brand name or “or equal” clauses in public procurement.  Specifically, it focuses on the prohibitions or restrictions upon solicitation provisions that favor one contractor over another, or one product over another, through the use of a brand name or “or equal” provision in the solicitation.

Product Number: 41207-389-SG
Author: L. Skip Vernon, Peter N. Ralston
Publication Date: 2007
Industry: Coatings
$0.00
$20.00
$20.00

This paper addresses the general rules and principles under federal and select state law1 (California and Michigan) surrounding the use of brand name or “or equal” clauses in public procurement.  Specifically, it focuses on the prohibitions or restrictions upon solicitation provisions that favor one contractor over another, or one product over another, through the use of a brand name or “or equal” provision in the solicitation.

This paper addresses the general rules and principles under federal and select state law1 (California and Michigan) surrounding the use of brand name or “or equal” clauses in public procurement.  Specifically, it focuses on the prohibitions or restrictions upon solicitation provisions that favor one contractor over another, or one product over another, through the use of a brand name or “or equal” provision in the solicitation.

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