FAR Part 11: Describing Agency Needs

In plain English

FAR Part 11 prescribes policies and procedures for describing agency needs in solicitations and contracts. It covers how agencies specify requirements, use brand name or equal descriptions, set delivery schedules, and apply liquidated damages and quantity variations. For contractors, understanding these rules helps in preparing compliant offers and performing contracts.

Key rules

• Agencies must specify needs using market research to promote full and open competition and include restrictive provisions only when necessary. (11.002)
• When using brand name or equal descriptions, solicitations must include a general description of the salient characteristics that an equal item must meet. (11.104)
• Agencies cannot require a particular brand name, product, or feature peculiar to one manufacturer unless it is essential to the Government's requirements and market research shows no other similar products meet the minimum needs. (11.105)
• Delivery or performance schedules must be clearly stated in solicitations and must be realistic; unnecessarily short schedules tend to restrict competition and may result in higher prices. (11.401)
• Liquidated damages clauses may be used only when timely delivery or performance is so important that the Government may reasonably expect to suffer damage if delivery is delinquent, and the extent of such damage would be difficult to estimate or prove. (11.501)
• For construction contracts, if the variation between estimated and actual quantity of a unit-priced item is more than plus or minus 15 percent, an equitable adjustment in contract price shall be made upon demand of either party. (11.702)
• Agencies must not require virgin material unless compelled by law or regulation or unless virgin material is vital for safety or meeting performance requirements. (11.301)
• When acquiring products other than commercial products, agencies must require offerors to identify used, reconditioned, or remanufactured supplies or unused former Government surplus property proposed for use, and such supplies may not be used unless authorized by the contracting officer. (11.301)

Who does what

In practice

• When bidding, pay attention to how the agency describes its needs; if a brand name or equal description is used, ensure your product meets the salient characteristics listed.
• If you are a small business, be aware that unnecessarily short delivery schedules can restrict competition and may be challenged; realistic schedules are required.
• For construction contracts, monitor quantity variations; if actual quantities differ from estimates by more than 15 percent, you may be entitled to an equitable adjustment.
• If you propose to use used, reconditioned, or remanufactured supplies, you must identify them and obtain contracting officer authorization before use.

Common pitfalls

• Assuming that a brand name or equal description allows you to offer any product with the same brand name; you must meet the salient characteristics specified.
• Ignoring the requirement to identify used or remanufactured supplies when acquiring non-commercial products; failure to do so may result in rejection or termination.
• Overlooking the 10-day deadline to request an extension of time due to quantity variation in construction contracts.
• Believing that liquidated damages are punitive; they are meant to compensate the Government for anticipated damages, not to penalize the contractor.

Written by AI from this part's codified text (2026-10-04); cited sections are checked against the part. A guide, not legal advice: the regulation text, the solicitation and your contract rule.