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City of Portland

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5.34.320 Specifications and Brand Names.

(Amended by Ordinance Nos. 183445, 184403 and 185898, effective February 20, 2013.)

A.  Specification content is in the sole discretion of the City of Portland, subject to statutory restrictions on the use of brand names.  

B.   The City may consult with technical experts, suppliers, prospective contractors and representative of the industries with which the City will Contract.  The City shall take reasonable measure to ensure that no Person who prepares or assists in the preparation of Solicitation Documents, Specifications, plans or Scope of Work (collectively, “documents”), and that no business with which the Person is associated realizes a material competitive advantage that arises from the City’s use of those documents. 

C.  A “brand name or equal” Specification may be used when it is Advantageous to the City, because the brand name describes the standard of quality, performance, functionality and other characteristics of the product needed by the City.   The City’s determination of what constitutes a product that is equal or superior to the product specified is final.  Unless otherwise specified,  the use of a brand name shall mean “brand name or equal”.

D.  A “brand name” Specification may be used requiring a Contractor to provide a specific brand when the Chief Procurement Officer, or designee, makes the following findings:   

1.  The use of a brand name Specification is unlikely to encourage favoritism in the Awarding of a Public Contract or substantially diminish competition for Public Contracts: or

2.  The use of a brand name Specification would result in a substantial cost savings to the City; or

3.  There is only one manufacturer or seller of the product of the quality, performance or functionality required; or

4.  Efficient utilization of existing equipment, or supplies requires the acquisition of compatible equipment or supplies

E.  The City's use of a brand name specification is subject to protest and review only as provided in Section 5.34.720.