N.J. Admin. Code § 5:34-9.2
Current through Register Vol. 56, No. 21, November 4, 2024
Section 5:34-9.2 - Use of "brand name or equivalent" pursuant to N.J.S.A 40A:11-13 and 18A:18A-15(a) To encourage free, open, and competitive bidding, prior to referencing a "brand name or equivalent" in a bid specification pursuant to 40A:11-13 or 18A:18A-15, a contracting agent or purchasing agent shall first consider using a specification based on any of the following:1. A standard issued by a national or international testing or standards setting organization, including, but not limited to, the American Society for Testing and Materials (ASTM), National Institute of Standards and Technology (NIST), Internet Engineering Task Force (IETF), International Standards Organization (ISO), IEEE Industry Standards and Technology Organization (IEEE-ISTO), any entity accredited to set standards by the American National Standards Institute (ANSI);2. A generic specification available through a commercial or non-commercial service such as MasterSpec(R) or similar service; or3. Specialized programs such as a listing in the Building Products Pre-Approval Program maintained by the National Institute of Building Sciences.(b) A contracting agent or purchasing agent shall not use a "brand name or equivalent" unless they have knowledge that at least one equal exists. If there are no equals or if the nature of the brand name good or service effectively restricts bidders to that single good or service, the contracting agent or purchasing agent must consider the matter subject to the provisions of proprietary goods or services at 5:34-9.1.(c) When a specification uses "brand name or equivalent," the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristic desired for the good or service being requested. Where a bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.(d) Under no circumstance shall specifications require any form of "pre-approval" or "pre-qualification" of an equivalent product before the submission of bids. N.J. Admin. Code § 5:34-9.2