(A) When the city requires supplies, materials or equipment produced by only one manufacturer, the purchasing agent shall specify the manufacturer's make or brand in the invitation to bid and shall obtain competitive bids from authorized dealers or distributors of the manufacturer. If the manufacturer is the only bidder and only source of supply, the purchasing agent is authorized to negotiate an open market purchase on contract with the manufacturer at prices and on terms most advantageous to the city.
(B) When the city requires supplies, materials or equipment which is patented or proprietary and which is obtainable in two or more equally satisfactory and competitive makes, brands or types, the purchasing agent shall list the acceptable and competitive makes, brands or types in the invitation to bid. The lists shall also include the phrase "or equal" to permit bidders to bid on alternate or additional makes, brands or types. It shall be incumbent on each bidder to prove to the satisfaction of the purchasing agent that the alternate or additional make, brand or type offered is equal in quality or performance to those listed in the invitation to bid.
(1985 Code, § 9-28) (Ord. 18-032, passed 12-11-2018; Ord. 2021-015, passed 6-8-2021)