11.105
Items peculiar to one manufacturer
Agencies may only specify brand-name or manufacturer-unique requirements if they are essential, justified by market research, and properly documented and posted, ensuring competition is not unnecessarily restricted.
Overview
FAR 11.105 prohibits agencies from specifying requirements that are unique to a single manufacturer—such as a particular brand name or product feature—unless certain strict conditions are met. The intent is to promote competition and prevent unnecessary sole-source or brand-name-only procurements. Exceptions are allowed only if the agency can justify that the specific brand or feature is essential, and that market research confirms no other products can meet the need. Additional documentation, justification, and public posting requirements apply, especially for acquisitions over $25,000. The section also references related procedures for multiple award schedules and indefinite-quantity contracts.
Key Rules
- No Brand-Name-Only Requirements
- Agencies must not write requirements that exclude all but one manufacturer unless justified.
- Justification and Documentation
- If a brand-name or unique feature is essential, justification must be documented and supported by market research.
- Competition Requirements
- Lack of full and open competition must be justified and documented per FAR 6.302-1, 13.106-1(b), or 13.501, depending on the acquisition method.
- Posting Requirements
- For acquisitions over $25,000, the justification or documentation must be posted publicly.
- Special Procedures for Certain Orders
- Additional rules apply for multiple award schedule and indefinite-quantity contract orders (see referenced FAR sections).
Responsibilities
- Contracting Officers: Must ensure requirements do not unnecessarily restrict competition, conduct and document market research, prepare and post justifications as required, and follow special procedures for certain contract types.
- Contractors: Should be aware of these rules to challenge restrictive requirements and understand when brand-name justifications are valid.
- Agencies: Must oversee compliance, maintain documentation, and ensure transparency in procurement processes.
Practical Implications
- This section exists to prevent anti-competitive practices and ensure fair access to government contracts.
- It impacts daily contracting by requiring careful market research and thorough documentation before specifying brand-name or sole-source requirements.
- Common pitfalls include inadequate justification, failure to post required documentation, or improperly restricting competition.