OAR 731-005-0480: Brand Name Products

(1) Generally. ODOT's Solicitation Document shall not expressly or implicitly require any product by brand name or mark, nor shall it require the product of any particular manufacturer or seller, except pursuant to an exemption granted under ORS 279C.345. (2) Equivalents. ODOT 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. ODOT shall determine, at its sole discretion, whether an Offeror's alternate product is "equal" or "equivalent."