Current through Bulletin 2024-06, March 15, 2024
(1) A public entity
shall include in solicitation documents specifications for the procurement item
sought.
(2)
(a) Each specification shall be drafted with
the objective of clearly describing the procurement unit's requirements and
encouraging competition.
(b) Each
specification shall emphasize the functional or performance criteria necessary
to meet the needs of the procurement unit.
(3) A person with a conflict of interest, or
who anticipates responding to the proposal for which the specifications are
written, may not participate in writing specifications. A procurement unit may
retain the services of a person to assist in writing specifications, scopes of
work, requirements, qualifications, or other components of a solicitation. The
person retained to assist in writing specifications may 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 R33-4-103(3) does not apply to the following:
(i) a design build construction project;
and
(ii) other procurements
determined in writing by the procurement official.
(b) Violations of this Subsection
R33-4-103(3) may result in:
(i) the bidder or
offeror being declared ineligible for award of the contract;
(ii) the solicitation being
canceled;
(iii) termination of an
awarded contract; or
(iv) any other
action determined to be appropriate by the procurement official.
(4) Requirements for
brand name and equal specifications are as follows:
(a) Brand name or equal specifications may be
used when:
(i) the phrase "or equivalent" is
included within 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 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 procurement unit shall name at least three manufacturer's
specifications.
(5) A
brand name may be required if:
(a) only one
brand can meet the requirements set forth in the specifications, and the
procurement unit solicits from as many providers of the brand as practicable;
and
(b) there is only one provider
that can meet the requirements set forth in the specifications and the
procurement unit conducts the procurement in accordance with Section
63G-6a-802
and Section
R33-8-101.
