(A) Contracts for goods and services procurement may specify brand names. Public improvement contract shall not require any product by any brand name or make, nor the product of any particular manufacturer or seller, unless the product is exempted from the requirement by the Council under divisions (B), (C) or (D) below. However, this section shall not be construed to prevent reference in the specifications to a particular product as a description of the type of item required, suffixed by "or equal", "or approved equal", "or equivalent", "or approved equivalent", or similar language if there is no other practical specification.
(B) The Council may, by resolution, exempt certain products or classes of products upon any of the following findings:
(1) It is unlikely that such exemption will encourage favoritism in the awarding of the contract or substantially diminish competition;
(2) The specification of a product by brand name or mark, or the product of a particular manufacturer or seller, would result in substantial cost savings;
(3) There is only 1 manufacturer or seller of the product of the quality required, (but see division (C)(4) below); or
(4) Efficient utilization of existing equipment or supplies require the acquisition of compatible equipment and supplies.
(C) Specific exemptions. The city hereby finds that the conditions for granting an exemption under division (B) above exist for the following items:
(1) Products part of a contract exempt under division (D) below;
(2) Copyrighted material;
(3) Data processing hardware or software;
(4) Single manufacturer or compatible products: If there is only 1 manufacturer or seller of a product of the quality required, or if the efficient utilization of the existing equipment or supply requires
a compatible product of a particular manufacturer or seller, city may specify such particular product subject to the following conditions:
(a) The product is selected on the basis of the most competitive offer, considering quality and cost; and
(b) Prior to awarding the contract, the city has made reasonable effort to notify all locally known vendors of competing or comparable products of the intended specifications and invited such vendors to submit competing proposals. If the purchase does not exceed $15,000, such notice and invitation may be informal. If the amount of the purchase exceeds $15,000, such notice shall include advertisement in at least 1 newspaper of general circulation in the area where the contract is to be performed and shall be timely to allow competing vendors a reasonable opportunity to make proposals.
(D) Product prequalification.
(1) When it is impractical to separate specific design or performance specification for a type of product to be purchased, city may specify a list of approved products by reference to particular manufacturers or sellers in accordance with the following product prequalification procedure:
(a) The city has made reasonable efforts to notify all known manufacturers or vendors of competitive products of its intention to accept applications for inclusion in its list of prequalified products. Notification shall include advertisement in a trade journal of state-wide distribution when possible. In lieu of advertising, city may notify vendors and manufacturers appearing on the appropriate list maintained by the Department of General Services of the State of Oregon.
(b) The city permits application for prequalification of similar products up to 15 days prior to advertisement for bids on the product.
(B) If an application for inclusion in a list of prequalified products is denied, or an existing prequalification revoked, city shall notify the applicant. The applicant may appeal to the Council for a review of the denial or revocation in the same manner as an appeal of disqualification or denial as provided for by law and these rules.
(Ord. 10-413, passed 12-15-2010)