North Dakota Administrative Code
Title 4 - Management and Budget, Office of
Article 4-12 - State Procurement Practices
Chapter 4-12-06 - Specifications for Commodities and Services
Section 4-12-06-03 - Use of brand name in specifications

1. Specification may include brand name, make, or source of supply, but in those cases it will be clearly indicated that equivalent products may be acceptable.

2. If a commodity or service put forth as equivalent is rejected by an agency or institution as not being equivalent, the procurement officer must make a written determination and notify the bidder or offeror of the rejection.

3. Whenever an agency specifies products or services exclusive to a particular individual, company, manufacturer, or brand name to the exclusion of competitive products or services, the proprietary product or service will be procured competitively, unless it is available only from one source of supply or emergency circumstances exist. When competition is limited or restricted by the use of a brand name or proprietary specification, a written determination for a limited competitive or noncompetitive procurement must be made in accordance with North Dakota Century Code section 44-08-01 and North Dakota Administrative Code chapter 4-12-09.