Brand name or equal specification
- • brand name specification
(1)(a) A brand name or equal specification may be used when the use of a brand name or equal specification is advantageous to the contracting agency, because the brand name describes the standard of quality, performance, functionality and other characteristics of the product needed by the contracting agency.
(b) The contracting agency is entitled to determine what constitutes a product that is equal or superior to the product specified, and any such determination is final.
(c) Nothing in this subsection may be construed as prohibiting a contracting agency from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the contracting agency.
(2) A brand name specification may be prepared and used only if the contracting agency determines for a solicitation or a class of solicitations that only the identified brand name specification will meet the needs of the contracting agency based on one or more of the following written determinations:
(a) That use of a brand name specification is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts;
(b) That use of a brand name specification would result in substantial cost savings to the contracting agency;
(c) That there is only one manufacturer or seller of the product of the quality, performance or functionality required; or
(d) That efficient utilization of existing goods requires the acquisition of compatible goods or services.
(3) A contracting agency’s use of a brand name specification may be subject to review only as provided in ORS 279B.405 (Protests and judicial review of solicitations). [2003 c.794 §76; 2005 c.103 §8e]
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