Or. Admin. R. 177-038-0080 - Brand Name or Equal Specification

(1) Applicability and Use. Lottery may establish "brand name or equal" Specifications in a solicitation or Solicitation Document in accordance with this Rule.

(a) A brand name or equal Specification may be used when the use of a brand name or equal Specification is advantageous to the Lottery because the brand name describes the standard of quality, performance, functionality, or other characteristics of the Goods or Services needed by the Lottery.

(b) The Lottery is entitled to determine what constitutes Goods or Services that are equal or superior to the Goods or Services specified, and any such determination made according to this section is final.

(c) Nothing in this subsection may be construed as prohibiting the Lottery from specifying one or more comparable Goods or Services as examples of the quality, performance, functionality or other characteristics of the Goods or Services needed by the Lottery.

(2) Determination. A brand name or equal Specification may be prepared and used only if the Lottery determines that only the identified brand name or equal Specification will meet the needs of the Lottery based on one or more of the following written determinations:

(a) That use of a brand name or equal Specification is unlikely to encourage favoritism in the Award of a Contract;

(b) That use of a brand name or equal Specification would result in substantial cost savings to the Lottery; or

(c) That efficient utilization of existing Goods or Services requires the acquisition of compatible Goods or Services.

(3) Lottery may use a brand name or equal Specification in a Small Procurement without complying with subsection (2) of this rule.

Notes

Or. Admin. R. 177-038-0080

LOTT 8-2018, adopt filed 09/28/2018, effective 10/1/2018

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)

Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440