[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR11.105]

[Page 174]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 11_DESCRIBING AGENCY NEEDS--Table of Contents
 
      Subpart 11.1_Selecting and Developing Requirements Documents
 
Sec.  11.105  Items peculiar to one manufacturer.

    Agency requirements shall not be written so as to require a 
particular brand name, 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 brand name, 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 minimum needs;
    (b) The authority to contract without providing for full and open 
competition is supported by the required justifications and approvals 
(see 6.302-1); and
    (c) The basis for not providing for maximum practicable competition 
is documented in the file when the acquisition is awarded using 
simplified acquisition procedures.

[60 FR 48238, Sept. 18, 1995, as amended at 61 FR 39192, July 26, 1996; 
62 FR 263, Jan. 2, 1997; 62 FR 10710, Mar. 10, 1997. Redesignated and 
amended at 64 FR 32742, June 17, 1999]