(A) Use. Brand name or equal specification may be used when the purchasing agent 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 or purchase description, not including a brand name specification;
(3) the nature of the product or the nature of the Town'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 town'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 purchasing agent 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, functional, or preference characteristics which are required.
(D) Nonrestrictive use of brand name or specifications. Where a brand name or equal specification is used in a solicitation, it 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. passed 9-19-05)