All specifications shall be drafted so as to promote overall economy for the purposes intended and encourage competition in satisfying the County of Putnam's needs, and shall not be unduly restrictive. The policy enunciated in this section applies to all specifications, including, but not limited to, those prepared for the County of Putnam by architects, engineers, designers, and draftsmen.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Use. Brand name or equal specifications may be used when the Commissioner of General Services determines, in writing, that:
(1) 
No other design or performance specification is available;
(2) 
Time does not permit the preparation of another form of purchase description, not including a brand name specification;
(3) 
The nature of the product or the nature of the County of Putnam's requirements makes use of a brand name or equal specification suitable for the procurement; or
(4) 
Use of a brand name or equal specification is in the County of Putnam's best interests.
B. 
Designation of several brand names. Brand name or equal specifications shall seek to designate three, or as many different brands as are practicable, as "or equal" references and shall further state that substantially equivalent products to those designated will be considered for award.
C. 
Required characteristics. Unless the Commissioner of General Services determines, in writing, that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, functional, or performance characteristics that are required.
D. 
Nonrestrictive use of brand name or equal specifications. Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language 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.
[Amended 5-7-2024 by L.L. No. 6-2024]
A. 
Use. Since use of a brand name specification is restrictive of product competition, it may be used only when the Commissioner of General Services makes a written determination that only the identified brand name item or items will satisfy the County of Putnam's needs. After the Commissioner of General Services prepares the written determination, a request shall be forwarded to the County Legislature to pass a standardization resolution. Under no circumstances shall any solicitation offered by the County contain only one brand name, without allowing for "or equal" products, unless a standardization resolution has been passed by the County Legislature.
B. 
Competition. The Commissioner of General Services shall seek to identify sources from which the designated brand name item or items can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable. If only one source can supply the requirement, the procurement shall be made under § 140-3.8 (Sole source procurement).