OAR 125-247-0691
Brand Name or Equal Specification

(1) Applicability and Use. This Rule applies to Specifications for a Solicitation or class of Solicitations. For a Solicitation or class of Solicitations under ORS 279B.060 (Competitive sealed proposals), 279B.065 (Small procurements), 279B.070 (Intermediate procurements), 279B.085 (Special procurements), or 279A.200 (Definitions for ORS 279A.200 to 279A.225)–279A.225 (Protests and disputes), as provided in 279B.215 (Brand name or equal specification):
(a) A brand name or equal Specification may be used when the use of a brand name or equal Specification is advantageous to the Agency, because the brand name describes the standard of quality, performance, functionality and other characteristics of the product needed by the Agency.
(b) The Agency is entitled to determine what constitutes a product that is equal or superior to the product specified, and any such determination is final.
(c) Nothing in this Subsection may be construed as prohibiting an Agency from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the Agency.
(2) Determination. A brand name Specification may be prepared and used only if the Agency determines for a Solicitation or a class of Solicitations that only the identified brand name Specification will meet the needs of the Agency based on one or more of the following Written determinations:
(a) That use of a brand name Specification is unlikely to encourage favoritism in the awarding of Public Contracts or substantially diminish competition for Public Contracts;
(b) That use of a brand name Specification would result in substantial cost savings to the Agency;
(c) That there is only one manufacturer or seller of the product of the quality, performance or functionality required; or
(d) That efficient utilization of existing Goods requires the acquisition of compatible Goods or Services.
(3) An Agency’s use of a brand name Specification may be subject to review only as provided in ORS 279B.405 (Protests and judicial review of solicitations).
(4) Single Manufacturer, Multiple Sellers. An Authorized Agency may prepare and use a brand name or equal Specification for Supplies and Services available from only one manufacturer, but available through multiple sellers, if the Authorized Agency complies with Sections (1) and (2) of this Rule and the following requirements:
(a) If the total purchase is $10,000 or more but does not exceed $150,000 and Supplies and Services are not available under an existing Mandatory Use Contract, the Authorized Agency must obtain informal, competitive Quotes, Bids, or Proposals and document this process in the Procurement File according to ORS 279B.070 (Intermediate procurements) and OAR 125-247-0270 (Intermediate Procurements);
(b) If the purchase exceeds $150,000, and the Supplies and Services are not available under an existing Price Agreement for information technology with competing products or a Mandatory Use Contract, an Authorized Agency must first request and obtain prior Written authorization from the State Chief Procurement Officer to proceed with the acquisition.
(5) Single Manufacturer, Multiple Purchases. If an Authorized Agency intends to make several purchases of brand name-specified Supplies and Services from a particular manufacturer or seller for a period not to exceed five (5) years, the Authorized Agency must so state this information in: the Procurement File; the Solicitation Document, if any; or a Public Notice of a solicitation on ORPIN or other Electronic Procurement System approved by the State Chief Procurement Officer. If the Authorized Agency estimates the total purchase amount to exceed $150,000, this estimate must also be stated in the Public Notice. This Section (5) does not apply to Department Price Agreements, also known as Mandatory Use Contracts.
(6) Nothing in this Rule exempts the Authorized Agency from obtaining the approval of the Attorney General for legal sufficiency according to ORS 291.047 (Public contract approval by Attorney General).
(7) All State Contracting Agencies must comply with ORS 200.035 (Notice to Governor’s Policy Advisor for Economic and Business Equity) and applicable related Department statewide policy, despite this Rule.

Source: Rule 125-247-0691 — Brand Name or Equal Specification, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-247-0691 (accessed May 26, 2025).

125–247–0010
Policies 125–247–0100
Applicability 125–247–0110
Feasibility Determination, Cost Analysis and Department Report 125–247–0165
Practices Regarding Electronic Goods Procurement 125–247–0170
Life Cycle Costing 125–247–0185
Approval of Information Technology or Telecommunications Procurements 125–247–0200
Buy Decision and Methods of Source Selection 125–247–0255
Competitive Sealed Bidding 125–247–0260
Competitive Sealed Proposals 125–247–0265
Small Procurements 125–247–0270
Intermediate Procurements 125–247–0275
Sole-Source Procurements 125–247–0280
Emergency Procurements 125–247–0285
Special Procurements 125–247–0286
Special Procurements 125–247–0287
Special Procurements 125–247–0288
Special Procurements 125–247–0295
Special Procurements: General or Special Counsel Authorized by the Attorney General 125–247–0296
Price Agreements and Mandatory Use Contracts 125–247–0300
Procurement Process 125–247–0305
Public Notice of Solicitation Documents 125–247–0310
Bids or Proposals are Offers 125–247–0320
Facsimile Bids and Proposals 125–247–0330
E-Procurement 125–247–0340
Reverse Auctions 125–247–0400
Offer Preparation 125–247–0410
Offer Submission 125–247–0420
Pre-Offer Conferences 125–247–0430
Addenda to Solicitation Document 125–247–0440
Pre-Closing Modification or Withdrawal of Offers 125–247–0450
Receipt, Opening, and Recording of Offers 125–247–0460
Late Offers, Late Withdrawals, and Late Modifications 125–247–0470
Mistakes 125–247–0480
Time for Authorized Agency Acceptance 125–247–0490
Extension of Time for Acceptance of Offer 125–247–0500
Responsibility of Offerors 125–247–0525
Qualified Products Lists 125–247–0550
Prequalification of Prospective Offerors, Pre-negotiation of Contract Terms and Conditions, and Request for Qualifications (RFQ) 125–247–0575
Debarment of Prospective Offerors 125–247–0600
Offer Evaluation and Award 125–247–0610
Notice of Intent to Award 125–247–0620
Documentation of Award 125–247–0630
Availability of Award Decisions 125–247–0640
Rejection of an Offer 125–247–0650
Rejection of All Offers 125–247–0660
Cancellation of Procurement or Solicitation 125–247–0670
Disposition of Offers if Solicitation Cancelled 125–247–0690
Policy 125–247–0691
Brand Name or Equal Specification 125–247–0700
Protests and Judicial Review of Special Procurements 125–247–0710
Protests and Judicial Review of Sole-Source Procurements 125–247–0720
Protests and Judicial Review of Multiple-Tiered and Multistep Solicitations 125–247–0730
Protests and Judicial Review of Solicitations 125–247–0731
Protests and Judicial Review of Qualified Products List Decisions 125–247–0740
Protests and Judicial Review of Contract Award 125–247–0750
Judicial Review of Other Violations 125–247–0760
Review of Prequalification and Debarment Decisions 125–247–0805
Amendments to Contracts and Price Agreements 125–247–0810
Termination of Price Agreements

May 26, 2025

Rule 125-247-0691's source at or​.us