(1) Use. Brand name or equal specifications may be used when the using agency makes a written determination that 1 of the following exists:
(a) No other design or performance specification or qualified products list is available;
(b) Time does not permit the preparation of another form of purchase description not including a brand name specification;
(c) The nature of the product or the nature of the County’s requirements makes use of a brand name or equal specifications suitable for the procurement; or
(d) Use of a brand name or equal specification is in the County’s best interests.
(2) Required Characteristics. Unless the procurement officer determines 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, functional, or performance characteristics which are required.
(3) 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. 3704, passed 6-17-2003)