§ 34.106 SPECIFICATIONS.
   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      SPECIFICATIONS. Any technical or purchase description or other description of the physical quality or functional characteristics, or of the nature of a supply, service or construction item. It may also include a description of any requirements for inspecting, testing or preparing a supply, service or construction item for delivery.
   (B)   Responsibility. It shall be the primary responsibility of the Bid and Purchases Committee to furnish adequate specifications.
   (C)   Adequate specifications. Specifications should be adequately detailed, precise, clear but simply worded, not unduly restrictive to permit competitive bidding, and encourage cost effective procurement.
   (D)   Changes in specifications.
      (1)   No changes in specifications shall be made to an invitation or any solicitation unless all prospective offers shall be notified of any changes. In the case of formal invitations, the changes in specifications shall be accomplished by written addenda and delivered to all offerors known to have received an invitation. In the case of informal solicitations, this may be accomplished by telephone, verbally, by fax transmission or in writing, depending on the complexity of the change. Whichever method is used, the changes must be clear and precise assuring no misunderstanding by any offerer. These changes shall be made available to all prospective offerors.
      (2)   Should it be determined after all bids, proposals or solicitations have been received and reviewed, that a product or service with an alternate specification would prove to better serve the town’s needs and best interest, all such bids, proposals or solicitations may be rejected at the discretion of the Bids and Purchases Committee.
   (E)   Alternate specifications; proposals. It is desirable that the town stays abreast and current with rapid changes in methods and state-of-the-art products, goods and services. Alternate specifications may be requested and considered when it is determined by the Bids and Purchases Committee that such proposals would be in the town’s best interest and clearly indicated within the invitation.
   (F)   Superior specifications. Specifications as written and solicited are generally the minimal requirements, which will be acceptable for the needs of the town. Superior or better than offers may be considered and accepted by the Bids and Purchases Committee if the following conditions are met:
      (1)   Superior products, goods or services do not exceed the cost of the lowest or next lowest responsive offer;
      (2)   Form, fit and function must be maintained. Overall integrity shall not be jeopardized; and
      (3)   It is in the town’s best interest.
(Ord. 001-3, passed 3-1-2001)