Section 1400.3005  Specifications

a)         The Chief Procurement Officer's Responsibilities Regarding Specifications

The Chief Procurement Officer shall write or authorize the writing of all specifications.  A Purchasing Officer may write specifications for procurements for the Treasurer's office, subject to approval of the Chief Procurement Officer.

b)         Specifications Prepared by Other Than State Personnel

1)         Specifications may be prepared by other than Treasurer's office personnel, including, but not limited to, consultants, architects, engineers, designers, and other drafters of specifications for public contracts.  Contracts for the preparation of specifications by other than State personnel must require the specification writer to adhere to State requirements.

2)         The person who prepared the specifications may not submit a bid or proposal to meet the procurement need unless the Chief Procurement Officer determines in writing that it would be in the best interest to accept a bid or proposal from that person and a notice to that effect is published as provided in Section 1400.1505.

c)         Procedures for the Development of Specifications

1)         All procurements must be based on specifications that accurately reflect the State's needs.  Specifications must clearly and precisely describe the salient technical or performance requirements.

2)         Specifications must not include restrictions that do not significantly affect the technical requirements or performance requirements, or other legitimate State needs.  All specifications must be written in a manner that describes the requirements to be met, without having the effect of exclusively requiring a proprietary supply or service, or procurement from a sole source, unless no other manner of description will suffice.

3)         Any specifications or standards adopted by business, industry, a not-for-profit organization or governmental unit may be adopted by reference.

4)         A specification may provide alternate descriptions where two or more design, functional, or performance criteria will satisfactorily meet the State's requirements.

d)         Brand Name or Equal Specification

1)         Brand name or equal specifications may be used when the Chief Procurement Officer or Purchasing Officer determines in writing that:

A)        time does not permit the preparation of another form of specification, not including a brand name specification;

B)        the nature of the product or the nature of the requirement makes use of a brand name or equal specification suitable for the procurement; or

C)        use of a brand name or equal specification is in the State's best interest.

2)         Brand name or equal specifications must seek to designate more than one brand as "or equal", and must further state that substantially equivalent products to those designated will be considered for award.

3)         Required Characteristics.  Unless the Chief Procurement Officer determines that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications must include a description of the particular design, functional, or performance characteristics that are required.

4)         Nonrestrictive Use of Brand Name or Equal Specifications.  When a brand name or equal specification is used in a solicitation, the solicitation must contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition.  "Or equal" submissions will not be rejected because of minor differences in design, construction or features that do not affect the suitability of the product for its intended use.  The burden of proof that a product is equal is on the offeror.

e)         Brand Name Only Specification

1)         Use.  A brand name only specification may be used only when the Chief Procurement Officer makes a written determination that is made part of the procurement file that only the identified brand name item or items will satisfy the State's needs.

2)         Competition.  The Chief Procurement Officer or Purchasing Officer shall seek to identify sources from which the designated brand name item or items can be obtained and shall solicit those sources to achieve whatever degree of competition is practicable.  If only one source can supply the requirement, the procurement must be made as a sole source procurement.