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FAR and DFARS › DFARS Part 211: Describing Agency Needs › Subpart 211.1

DFARS 211.104 Use of brand name or equal purchase descriptions.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section requires a justification and approval before using a brand name or equal purchase description in certain acquisition situations. It applies when using sealed bidding or negotiated acquisition procedures, or when using simplified procedures for commercial products and services. Contractors should be aware that such descriptions cannot be used without proper justification.

Applies to: Contracting officers using brand name or equal purchase descriptions

What it requires

  • Obtain a justification and approval before using a brand name or equal purchase description when using sealed bidding or negotiated acquisition procedures.
  • Obtain a justification and approval before using a brand name or equal purchase description when using simplified procedures for certain commercial products and commercial services.

Key terms: brand name or equal purchase description · justification and approval · sealed bidding · negotiated acquisition procedures · simplified procedures for certain commercial products and commercial services

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

A justification and approval is required to use brand name or equal purchase descriptions—

(1) When using sealed bidding or negotiated acquisition procedures (see 206.302-1(c)(2) for justification requirements); or

(2) When using the simplified procedures for certain commercial products and commercial services at FAR 13.5 (see 213.501(a)(ii) for justification requirement).

Sections it refers to

  • 206.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.
  • 213.501 Special documentation requirements.

← 211.002 Policy. · 211.106 Purchase descriptions for service contracts. →

Rule changes for DFARS Part 211

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 211.104 Use of brand name or equal purchase descriptions · SpendQuery