(b) The contracting 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 a contracting agency from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the contracting agency.
(2) A brand name specification may be prepared and used only if the contracting agency determines for a solicitation or a class of solicitations that only the identified brand name specification will meet the needs of the contracting 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 contracting 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) A contracting agency’s use of a brand name specification may be subject to review only as provided in ORS 279B.405. [2003 c.794 §76; 2005 c.103 §8e]
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