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A. Maximum Practicable Competition. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the Town’s needs and shall not be unduly restrictive.

To the extent practicable and unless otherwise permitted by this chapter, all specifications shall describe the Town’s requirements in a manner that does not unnecessarily exclude a material, service, or construction item.

Restrictive specifications shall not be used unless such specifications are required and it is not practicable or advantageous to use a less restrictive specification.

To the extent practicable, the Town shall use accepted commercial specifications and shall procure standard commercial materials.

B. Specifications.

1. Specifications Prepared by Other Than Town Personnel. The requirements of this article regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications prepared other than by Town personnel, including, but not limited to, those prepared by architects, engineers, designers, and consultants for public contracts, or subcontractors. No person preparing specifications shall receive any direct or indirect benefit from the utilization of such specifications.

2. Brand Name or Equal Specification. A brand name or equal specification may be used to describe the standards of quality, performance, and other characteristics needed to meet the requirements of a solicitation, and which invites offers for equivalent products from a manufacturer. Use of a brand name or equal is not intended to limit or restrict competition.

3. Brand Name Specification. A brand name specification may be used to identify the sole acceptable item that meets the Town’s needs. The using agency requesting a brand name specification shall provide written evidence to support a brand name determination. A written determination by the Procurement Agent of the basis for the brand name shall be maintained as public record. Past success in the material’s performance, traditional purchasing practices, or inconvenience of drawing specifications do not justify the use of a brand name specification. ((O)08-03, 02/20/2008)