[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR11.105]



[Page 183]

 

            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]



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