Overview
FAR 11.105 establishes the policy that agencies must not restrict competition by specifying a particular brand name, product, or unique feature unless it is essential to the government's needs and properly justified. This section ensures that requirements are written to encourage maximum competition rather than favoring a specific manufacturer.
Key Rules
- Restrictive Specifications Prohibited: Requirements cannot be written to require a specific brand name or proprietary feature unless alternative products cannot meet, or be modified to meet, the agency's needs.
- Market Research Mandate: Before a brand-name restriction is permitted, the agency must conduct market research to confirm that no other company’s products satisfy the requirement.
- Justification Requirements:
- For acquisitions using full and open competition, a formal Justification and Approval (J&A) is required under FAR 6.302-1.
- For Simplified Acquisition Procedures (SAP), the restriction must be documented in the contract file (FAR 13.106-1) or justified for commercial items (FAR 13.501).
- Public Transparency: If the acquisition value exceeds $25,000, the agency must post the brand-name documentation or justification publicly along with the solicitation.
- Cross-References: The regulation points to specific subparts for unique ordering environments, including FAR 8.405-6 (Federal Supply Schedules) and FAR 16.505 (IDIQ Task Orders).
Practical Implications
- Administrative Burden: Contracting Officers often prefer "brand name or equal" descriptions to avoid the rigorous documentation and public posting requirements associated with "brand name only" procurements.
- Protest Risk: Solicitations that include proprietary features without the required market research or posted justifications are highly vulnerable to pre-award protests from competitors who are "locked out" of the requirement.