§ 102-405. Brand name or equal specification.

(a)

Condition of use. Under this article, 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 of purchase description, not including a brand name specification;

(3)

The nature of the product or the nature of the county'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 county's best interest; provided that the purchasing agent determines that the essential characteristics of the brand name 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, function or performance characteristics that are required.

(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, to list the salient characteristics whenever brand names are used and shall further state that substantially equivalent products to those designated will be considered for award.

(c)

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.

(Res. No. 13-0052, 1-23-13)