6.90 Brand Name Justifications.

(a)  Federal Acquisition Regulation (FAR) 11.105 requires all agencies to prepare justifications when brand name specifications are used. Solicitations should limit the use of brand name specifications; contract specifications should emphasize the necessary physical, functional, and performance characteristics of a product, not brand names.

(b)  For acquisitions exceeding $25,000 that use brand name specifications, including simplified acquisitions and sole source procurements agencies are required to post the brand name justification or documentation to:

1)  For non-FSS acquisitions, including simplified acquisitions, posting to the Federal Business Opportunities website, the Government wide Point of Entry (GPE) system at www.fedbizopps.gov with the solicitation; or

2)  For brand name orders against the FSS program, the documentation or justification required by FAR 8.405-6 are to be posted with the Request For Quotation (RFQ).

3)  The rule also restricts the use of oral orders over $25,000 against the FSS that contain brand specifications.

i)  Contracting officers must be sensitive when dealing with proprietary information when posting justifications. FAR 6.305 requires contracting officers to carefully screen all justifications for contractor proprietary information and remove such information before making available to the public. Contracting officers are to adhere to the exemptions on disclosure of information contained in the Freedom of Information Act (5 U.S.C. 552(c)) and the prohibitions against disclosure in FAR 24.202 in determining the information that should be removed.

ii)  The use of non-DoD contracts is encouraged when it is the best method of procurement to meet DoD requirements. Use of this or other actions to circumvent the brand name posting requirement is barred.