Government Procurement in The United States - Law - Statutes and Regulations - Federal Acquisition Regulation - Brand Names

Brand Names

Be wary of use of brand names in solicitation. FAR 11.104, Use of Brand Name or Equal Purchase Descriptions discusses acceptable uses of brand names in solicitations and how to do this. FAR 11.105 Items Peculiar to One Manufacturer states “agency requirements shall not be written so as to require a particular brand name or product or a feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, unless: (a) the particular name brand, product or feature is essential to the Government’s requirements and market research indicates other companies similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs. (b) the authority to contract without providing for full and open competition is supported by the required justification and approvals (See 6.302-1); and (c) the basis for not providing maximum practical competition is documented in the file when acquisition is awarded using simplified acquisition procedures."

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