(1) Solicitation
documents shall include specifications for the procurement items.
(2) Specifications shall be drafted with the
objective of clearly describing the division's requirements and encouraging
competition. Specifications shall emphasize the functional or performance
criteria necessary to meet the needs of the division.
(3) Persons with a conflict of interest, or
who anticipate responding to the proposal for which the specifications are
written, may not participate in writing specifications. The division may retain
the services of an entity to assist in writing specifications, scopes of work,
requirements, qualifications, or other components of a solicitation. However,
the entity assisting in writing specifications shall not, at any time during
the procurement process, be employed in any capacity by, nor have an ownership
interest in, an individual, public or private corporation, governmental entity,
partnership, or unincorporated association bidding on or submitting a proposal
in response to the solicitation.
(a)
Subsection R23-1-104(3)
does not apply to the following:
(i) a
design-build construction project;
(ii) provisions in a specification provided
by the designer when the source of the specification is identified and it is
not designed to be an impermissible sole source, a sole source that does not
comply with the Utah Procurement Code and the applicable administrative rules;
and
(iii) other procurements
determined in writing by the director.
(b) Violations of Subsection
R23-1-104(3)
may result in:
(i) the bidder or offeror being
declared ineligible for award of the contract;
(ii) the solicitation being
cancelled;
(iii) termination of an
awarded contract; or
(iv) any other
action determined to be appropriate by the director.
(4) Brand Name or Equal
Specifications.
(a) Brand name or equal
specifications may be used when:
(i) "or
equivalent" reference is included in the specification; and.
(ii) as many other brand names as practicable
are also included in the specification.
(b) Brand name or equal specifications shall
include a description of the particular design and functional or performance
characteristics which are required. Specifications unique to the brands shall
be described in sufficient detail that another person can respond with an
equivalent brand.
(c) When a
manufacturer's specification is used in a solicitation, the solicitation shall
state the minimum acceptable requirements of an equivalent. When practicable,
the division shall name at least three manufacturer's specifications.
(5) Sole Source Requirements for
Brand Name Specifications:
(a) If only one
brand can meet the requirement, the division shall conduct the procurement in
accordance with Section
63G-6a-802 and shall solicit from
as many providers of the brand as practicable; and
(b) If there is only one provider that can
meet the requirement, the division shall conduct the procurement in accordance
with Section 63G-6a-802.
