Utah Admin. Code R33-104-103 - Specifications
(1) A public entity
shall include in solicitation documents specifications for the procurement item
sought.
(2) Each specification
shall:
(a) be drafted with the objective of
clearly describing the procurement unit's requirements and encouraging
competition; and
(b) 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
solicitation 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
R33-104-103(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 Subsection
R33-104-103(3)
may result in:
(i) the bidder or offeror being
declared ineligible for the 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 for 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
R33-108-101.
Notes
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