16.16.030 Brand name or equal specification.
A. Use. Brand name or equal specifications may be used when the Chief Procurement Officer determines in writing that:
1. No other design or performance specification or qualified products list is available;
2. Time does not permit the preparation of another form of purchase description, not including a brand name specification;
3. The nature of the product or the nature of the Borough’s requirements makes use of a brand name or equal specification suitable for the procurement; or
4. Use of a brand name or equal specification is in the Borough’s best interest.
B. Designation of Several Brand Names. Brand name or equal specifications shall seek to designate three, or as many different brands as are practicable, as “or equal” references and shall further state that substantially equivalent products to those designated will be considered for award.
C. Required Characteristics. Unless the Chief Procurement Officer determines in writing that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, function, or performance characteristics which are required.
D. Nonrestrictive Use of Brand Name or Equal Specifications. Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. (Ord. 2002-29 § 26, 2002; Ord. 82-69, 1982. 2004 Code § 16.35.030.)