3.10.310: REPORTING OF ANTICOMPETITIVE PRACTICES:

When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the City Attorney's Office. (Ord. 17-14)

3.10.320: CITY PROCUREMENT RECORDS:

   A.   Procurement File: All determinations and other written records pertaining to the solicitation, award, or performance of an agreement shall be maintained for the City by the Purchasing Agent, or designee and the City Recorder in a procurement file.

   B.   Retention Of Procurement Records: All procurement records shall be retained and disposed of by the City in accordance with records retention guidelines and schedules approved by the City Recorder. (Ord. 17-14)

   ARTICLE IV. SPECIFICATIONS

3.10.330: SPECIFICATIONS/MAXIMUM PRACTICABLE COMPETITION:

All specifications shall be drafted so as to promote overall economy for the purposes intended and encourage competition in satisfying the City's needs, and shall not be unduly restrictive. The policy expressed in this section applies to all specifications including, but not limited to, those prepared for the City by architects, engineers, designers, and draftsmen. (Ord. 17-14)

3.10.340: BRAND NAME OR EQUAL SPECIFICATION:

   A.   Use: Brand name or equal specifications may be used when the Purchasing Agent, or designee, 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 City'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 City's best interests.

   B.   Designation Of Several Brand Names: Brand name or equal specifications shall seek to designate three (3), 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, or designee, 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 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. 17-14)

3.10.350: BRAND NAME SPECIFICATION:

   A.   Use: Since use of a brand name specification is restrictive of product competition, it may be used only when the Purchasing Agent, or designee, makes a written determination that only the identified brand name item or items will satisfy the City's needs.

   B.   Competition: The Purchasing Agent, or designee, shall seek to identify sources from which the designated brand name item or items can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable. If only one (1) source can supply the requirement, the procurement shall be made under section 3.10.130, "Sole Source Procurement", of this chapter. (Ord. 17-14)