3.65.160 Promotion of maximum practicable competition.
A. Maximum Competition Encouraged. All specifications for bids or proposals shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the city’s needs. Specifications shall not be unduly restrictive.
1. To the extent practicable and unless otherwise permitted by this section, all specifications shall describe the city’s requirements in a manner that does not unnecessarily exclude a specific material, service or construction item.
2. To the extent practicable, the city shall use accepted commercial specifications and shall procure standard commercial materials and, absent significant justification, avoid proprietary specifications.
B. Brand Name or Approved Alternate. Proprietary or brand name specifications shall not be used unless the purchasing director determines, in writing, that such specifications are required by demonstrable technological justification, that it is not practicable or advantageous to use a less restrictive specification, that the use of such a specification is in the best interests of the city, and if the solicitation provides for the submission of equivalent products.
1. A brand name or approved alternate specification shall designate as many different brands as are practicable as “approved alternate” references.
2. A brand name or approved alternate specification shall include a description of the particular design, functional or performance characteristics that are required, unless the purchasing director determines, in writing, that the essential characteristics of the brand names designated in the specifications are commonly known.
3. A solicitation that uses a brand name or approved alternate specification shall explain 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. The solicitation shall state that products substantially equivalent to those brands designated shall qualify for consideration.
C. Qualified Products List.
1. A qualified products list may be prepared and utilized, if the purchasing director determines, in writing, that testing or examinations of the material or construction items prior to the issuance of the solicitation is desirable or necessary in order to best satisfy the city’s requirements.
2. As many potential suppliers as practicable shall be solicited to submit products for testing and examination, to determine acceptability for inclusion on a qualified products list.
3. Any potential supplier, even though not solicited, may offer its products for consideration in accordance with the schedule or procedure established for this purpose.
4. The qualified products list shall not be modified after the solicitation is issued. [Ord. 18-09 § 1; Res. 18-24; Code 2004 § 3-224.]