A. Brand name or equal specifications. Brand name or equal specifications may be used when the Procurement Officer determines 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 Village'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 Village's best interests.
B. Designation of several brand names. Brand name or equal specifications shall seek to designate as many different brands as are practicable, but at least three if possible, 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 Procurement Officer determines that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, the brand name or equal specifications shall include a description of the particular design, functional, or performance characteristics that are required.
D. Nonrestrictive use of brand name or equal specifications. When 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. 5499, 3-21-20)