1. (1) Equivalents. The department may identify products by brand names as long as the following language: "approved equal"; "or equal"; "approved equivalent" or "equivalent," or similar language is included in the solicitation document. The department shall determine, in its sole discretion, whether an offeror's alternate product is "equal" or "equivalent."

2. (2) Applicability and Use. The department may establish “brand name or equal” specifications in a solicitation or solicitation document in accordance with this rule.

   1. (a) A brand name or equal specification may be used when the use of a brand name or equal specification is advantageous to the department because the brand name describes the standard of quality, performance, functionality, or other characteristics of the goods or services needed by the department.
   2. (b) The department 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.
   3. (c) Nothing in this subsection may be construed as prohibiting the department 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 department.

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

   1. (a) That use of a brand name or equal specification is unlikely to encourage favoritism in the award of a contract;
   2. (b) That use of a brand name or equal specification would result in substantial cost savings to the department; or
   3. (c) That efficient utilization of existing goods or services requires the acquisition of compatible goods or services.
4. (4) Department may use a brand name or equal specification in a small procurement without complying with subsection (2) of this rule.

Statutory/Other Authority

ORS 279.025(3)(k)

Statutes/Other Implemented

ORS 279.025(3)(k)

History

PRD 2-2026, temporary adopt filed 04/23/2026, effective 04/24/2026 through 10/19/2026