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Administration ("GSA") in accordance with rules adopted by the purchasing agent. (9) Cooperative Procurement Contracts. Cooperative procurements may be made without competitive solicitation as provided in the Oregon Public Contracting Code and under rules adopted by the purchasing agent. (10) Surplus Property. The purchasing agent shall adopt rules for the disposal of all surplus property. The purchasing agent's rules shall include rules under which nonprofit corporations may lease or purchase structures suitable for use as residential buildings that are declared surplus property and must be removed from city-owned property. The rules shall give preferences to nonprofit corporations who will use the structure to provide housing for persons of Iow income, or who are otherwise disadvantaged. (11) Concession Agreements. The purchasing agent shall adopt rules for the award of concession agreements. 2.1435 Public Contracts - Use of Brand Name Specifications for Public Improvements. (1) In General. Specifications for contracts shall not expressly or implicitly require any product by one brand name or mark, nor the product of one particular manufacturer or seller, except for the following reasons: (a) It is unlikely that such exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts; or (b) The specification of a product by brand name or mark, or the product of a particular manufacturer or seller, would result in substantial cost savings to the city; or (c) There is only one manufacturer or seller of the product of the quality required; or (d) Efficient utilization of existing equipment, supplies requires the acquisition of compatible equipment or supplies. (2) Authority of Purchasing Agent. The purchasing agent shall have authority to determine whether an exemption for the use of a specific brand name specification should be granted by recording findings that support the exemption based on the provisions of subsection (1). (3) Brand Name or Equivalent. Nothing in this section 2.1435 prohibits the city from using a "brand name or equivalent" specification, from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the city, or from establishing a qualified product list under rules adopted by the purchasing agent. 2.1440 Public Contracts - Bid, Performance and Payment Bonds. (1) Solicitation Agent May Require Bonds. The solicitation agent may require bid security and a good and sufficient performance and payment bond even though the contract is of a class that is exempt from the requirement under this section 2.1440. Ordinance - ] ] L:\CMO~005 Council Agendas\M050214\S0502144-attA.doc