Salient Characteristics

Salient characteristics are the important physical, functional or performance characteristics that an "equal" product must meet to be acceptable when a solicitation uses a brand-name-or-equal purchase description. They are firm requirements, and they must be relevant to how the buyer intends to use the product. The term is used in the plural in procurement rules.

A brand-name-or-equal description names a known product but allows a supplier to offer an alternative. The salient characteristics are what make that alternative acceptable. If an offered item does not meet them, it is not an equal, and it cannot be considered for award.

How FAR 11.104 uses the term

The clearest authoritative treatment of the phrase is in the U.S. Federal Acquisition Regulation. FAR 11.104 says a brand-name-or-equal purchase description must include a general description of the brand-name item's salient physical, functional or performance characteristics. The brand name alone is not enough. The buyer must also say what features of that product matter.

FAR also states that an equal product must meet the stated salient characteristics to be acceptable for award. U.S. General Services Administration acquisition guidance goes further and says salient characteristics are firm requirements when a brand-name-or-equal description is used (GSA guidance).

How or-equal offers are evaluated

GSA guidance requires a contracting officer to give full consideration and evaluation to "or equal" offers against the salient characteristics specified in the purchase description. The comparison is made against the stated characteristics, not against the brand-name product as a whole.

The same guidance says offers should not be rejected for minor differences in design, construction or features that do not affect suitability for the intended use (GSAM subpart 511.1). A difference that touches a salient characteristic is not minor. A difference in an unrelated feature does not disqualify an offer.

Related terms: brand name or equal and performance specifications

• Brand name or equal: a solicitation identifies a known product but permits an alternative product if it meets the stated salient characteristics.
• Performance specification: a description based on required results or performance rather than a particular design or product. FAR states that performance specifications are generally preferred because they encourage offerors to propose innovative solutions.
• Or-equal evaluation: the buyer's assessment of an offered alternative against the stated salient characteristics.

The Canadian parallel in the Supply Manual

The Government of Canada Supply Manual, published on CanadaBuys, addresses the same idea in different words. Its guidance on procurement strategy tells officials to summarize the essential functional characteristics of the goods, or the physical or design characteristics when necessary to define them properly. It also recommends including performance or output criteria and, where applicable, referring to recognized Canadian or international standards, specifications and regulations. See the Supply Manual annexes to chapter 3.

That page uses the wording "essential functional characteristics" rather than "salient characteristics." The exact phrase is documented in U.S. federal rules. Canadian suppliers will still meet the underlying concept of defined physical, functional and performance requirements in Canadian solicitations.

Suppliers who work with allied buyers can also consult NATOTerm, NATO's official terminology database for non-classified military and non-military terminology, maintained by the NATO Terminology Office within the NATO Standardization Office.

What it means for a supplier bidding on Canadian public contracts

• Identify the physical, functional and performance characteristics the solicitation states for the named product.
• If you propose an equal item, show that it meets each of those characteristics.
• Treat the characteristics as acceptance requirements, not background description.
• Compare your product against the stated requirements instead of assuming that similarity to the named brand is enough.
• Where a Canadian solicitation lists essential functional characteristics, performance or output criteria, or standards, apply the same discipline and address each one directly in your bid.