Current through Register Vol. 48, No. 3, March 22, 2024
A. Definitions.
(1) "Brand Name Specification" means a
specification limited to one or more items by manufacturers' names or catalogue
number.
(2) "Brand Name or Equal
Specification" means a specification which uses one or more manufacturer's
names or catalogue numbers to describe the standard of quality, performance,
and other characteristics needed to meet state requirements, and which provides
for the submission of equivalent products.
(3) "Qualified Products List" means an
approved list of supplies, services, information technology, or construction
items described by model or catalogue number, which, prior to competitive
solicitation, the State has determined will meet the applicable specification
requirements.
(4) "Specification"
means any description of the physical, functional, or performance
characteristics, or of the nature of a supply, service, information technology,
or construction item. A specification includes, as appropriate, requirements
for inspecting, testing, or preparing a supply, service or construction item
for delivery. Unless the context requires otherwise, the terms "specification"
and "purchase description" are used interchangeably throughout the
Regulations.
(5) "Specification for
a Common or General Use Item" means a specification which has been developed
and approved for repeated use in procurements.
B. Issuance of Specifications.
The purpose of a specification is to serve as a basis for
obtaining a supply, service, information technology, or construction item
adequate and suitable for the State's needs in a cost effective manner, taking
into account, to the extent practicable, the cost of ownership and operation as
well as initial acquisition costs. It is the policy of the State that
specifications permit maximum practicable competition consistent with this
purpose. Specification shall be drafted with the objective of clearly
describing the State's requirements. All specifications shall be written in a
non restrictive manner as to describe the requirements to be met.
C. Use of Functional or
Performance Descriptions.
(1) Specifications
shall, to the extent practicable, emphasize functional or performance criteria
while limiting design or other detailed physical descriptions to those
necessary to meet the needs of the State. To facilitate the use of such
criteria, using agencies shall endeavor to include as a part of their purchase
requisitions the principal functional or performance needs to be met. It is
recognized, however, that the preference for use of functional or performance
specifications is primarily applicable to the procurement of supplies,
services, and information technology. Such preference is often not practicable
in construction, apart from the procurement of supply type items for a
construction project.
(2) Brand
Name or Equal Specifications.
(a) Brand name
or equal specifications shall include a description of the particular design,
functional, or performance characteristics which are required.
(b) Where a brand name or equal specification
is used in a solicitation, the solicitation shall 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.
D. Preference for Commercially Available
Products.
It is the general policy of this State to procure standard
commercial products whenever practicable. In developing specifications,
accepted commercial standards shall be used and unique requirements shall be
avoided, to the extent practicable.
