---
title: "Test a specification for a brand name or a feature peculiar to one manufacturer"
url: "https://ailawframework.com/practice/government-procurement-and-tendering/test-specifications-for-an-obstacle-to-trade-a-brand-or-an-unfair-advant/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A50-CO20261022-10-US"
practice_area: "Government Procurement & Tendering"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Test a specification for a brand name or a feature peculiar to one manufacturer

> From the specification, list any brand name, product, or feature peculiar to one manufacturer, and any salient characteristics stated for an equal product. Do not decide that the specification is lawful.

Canonical page: https://ailawframework.com/practice/government-procurement-and-tendering/test-specifications-for-an-obstacle-to-trade-a-brand-or-an-unfair-advant/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Government Procurement & Tendering](https://ailawframework.com/practice/government-procurement-and-tendering.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the specification, list any brand name, product, or feature peculiar to one manufacturer, and any salient characteristics stated for an equal product. Do not decide that the specification is lawful. |
| What the lawyer must review | The lawyer decides whether the description is allowed. FAR 11.104 prefers performance specifications. A brand-name-or-equal description must include, besides the brand name, a general description of the salient physical, functional, or performance characteristics an equal item must meet. FAR 11.105 says agency requirements shall not be written to require a particular brand name, product, or a feature peculiar to one manufacturer, unless that item is essential, market research shows other products do not meet or cannot be modified to meet the need, and the absence of full and open competition is supported by the justifications in FAR 6.302-1 or, for simplified procedures, documented under FAR 13.106-1(b) or justified under FAR 13.501. Those justification sections were not opened. The documentation or justification is posted for acquisitions over $25,000. A challenge to the terms of a federal solicitation is a GAO bid protest and, on the GAO FAQ, must be filed before the time for receipt of initial proposals. GAO does not hear protests of state or local procurements. |
| Written for | United States |
| Applies to | [Test specifications for an obstacle to trade, a brand, or an unfair advantage](https://ailawframework.com/practice/government-procurement-and-tendering/test-specifications-for-an-obstacle-to-trade-a-brand-or-an-unfair-advant.md) |

## Checking plan

- What the AI does: From the specification, list any brand name, product, or feature peculiar to one manufacturer, and any salient characteristics stated for an equal product. Do not decide that the specification is lawful.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The $25,000 posting figure is the figure in FAR 11.105(a)(3). Do not add a trade-treaty obstacle test. None is in the opened pages.
- FAR 13.104 also forbids restricting a simplified solicitation to suppliers of well-known brands. That is a separate section from the brand-name justification.

## Sources

- [FAR 11.104, Use of brand name or equal purchase descriptions (acquisition.gov, FAC 2026-01, effective 13 March 2026)](https://www.acquisition.gov/far/11.104) (checked 2026-10-22)
- [FAR 11.105, Items peculiar to one manufacturer (acquisition.gov, FAC 2026-01, effective 13 March 2026)](https://www.acquisition.gov/far/11.105) (checked 2026-10-22)
- [GAO, Bid protest frequently asked questions](https://www.gao.gov/legal/bid-protests/faqs) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*