(A) Intent. All specifications shall be drafted so as to provide a nonrestrictive, clear, and concise description of the material, service or construction sought.
(B) Preparation.
(1) The Director of P&C will prepare written specifications detailing the County's requirements for the materials, service or construction. The Director of P&C may also request that an agency assist with the preparation of specifications for the procurement.
(2) No person who, for compensation, prepares a specification on behalf of the County shall submit a bid or proposal for that procurement or any portion thereof, or disclose to any bidder or offeror information concerning the procurement that is not available to the public. However, the Director of P&C may permit such person to submit a bid or proposal for the procurement or any portion thereof if the Director of P&C determines that the exclusion of the person would limit the number of potential qualified bidders or offerors in a manner contrary to the best interest of the County.
(C) Approval. Both the Agency Director and the Director of P&C will approve the specification prior to public distribution. If the Agency Director and the Director of P&C are unable to reach an agreement, the matter will be referred to the Chief Administrative Officer for resolution.
(D) Brand name specification.
(1) A brand name specification may be used after the Director of P&C has determined that sufficient sources for competition exist for the procurement of the material and that the use of the brand name specification is not intended to limit or restrict competition.
(2) A brand name specification may be used to describe the standard of quality, performance, and other salient characteristics of a material in lieu of a description of its physical or functional characteristics and, the solicitation will state that the use of the brand name is for the purpose of describing the standard desired and that the substitution of equivalent materials is permitted.
(3) A brand name specification may be used as the sole brand acceptable after the Director of P&C has determined that alternative products will result in a higher overall cost to the County, will otherwise harm the County's financial interests, or will impede the County's administrative functions or delivery of services to the public.
(4) An agency requesting a brand name specification will provide written evidence to support a brand name determination to the Director of P&C for approval. Inconvenience of drafting specifications or developing performance specifications will not be sufficient justification to the use of a brand name specification.
(E) Specifications prepared by other than County personnel. The requirements and intent of this section regarding nonrestrictive specifications applies to specifications prepared by non County individuals and entities, including, but not limited to, architects, engineers, designers, and consultants for public contracts, or subcontractors. No individual or entity that prepares specifications on behalf of the County may receive any direct or indirect benefit from the utilization of those specifications.
(Ord. 09-29-533, 12-15-2009; Ord. 14-23-678, 11-13-2014; Bill No. 22-20, 10-25-2022)