A. Generally: Specifications describe in detail the supplies and services the City seeks. Descriptions should be drafted to address the City's needs, and the costs of procuring, operating and maintaining the supplies and services.
B. Preparing Specifications: Any department or division may prepare specifications. A procurement unit shall review all specifications in the manner specified by the procurement official.
C. How To Describe: Supplies and services should be described as follows for a solicitation process:
1. Generally: Operational supplies and services should be described in terms of the criteria and quality important to the needed function or performance. Construction related supplies and services should be described in terms of design, needed quality and construction and operating needs and costs.
2. Brand Name Or Equal Specifications: Under the conditions set forth below, specifications may describe a product using a brand name and indicate that substantially equivalent or approved equal products will also be considered for award. Substantially equivalent brand names may, but need not, be specified.
a. The City may specify by brand name or substantially equivalent or approved equal brand when the use of these specifications is advantageous to the City.
b. The City will specify or allow any substantially equivalent or approved equal brands which are practicable in light of the City's needs.
c. The person requesting to substitute a substantially equivalent or approved equal brand must demonstrate equivalency to and obtain approval from the City in the manner stated in the City's bid or proposal documents. Such review and approval shall be provided in the manner determined by the procurement official in consultation with the drafter of the specifications in question. The decision of the procurement official, or that person's designee for such purpose, shall be final with respect to such products.
3. Brand Name Specifications: The City may specify a particular brand of product as the only product that will be considered for award when a procurement official determines that doing so is in the City's interest. The written determination and basis for decision shall be placed in the procurement file.
D. Manner Of Specifying: Specifications may be prepared in any reasonable manner, including the following:
1. Alternates: Specifications may provide alternate descriptions of supplies and services where two (2) or more design, functional or performance criteria will satisfactorily meet the City's requirements.
2. Form Specifications: The City may develop and use form specifications which have been prepared in compliance with this article. Forms are useful for common or general use items, such as when a supply or service is used among several departments, or used repeatedly, and the characteristics of the supply or service and its availability are relatively stable. A procurement official shall approve form specifications prior to their use, and supervise the updating of forms.
3. Qualified Products Lists: A "qualified products list" is a list of products compiled prior to a solicitation which the City has determined to be acceptable for award through testing or examination. A procurement official may develop and use a qualified products list in any reasonable manner when desirable to assist with a procurement. For example, the City may:
a. Solicit a representative group of potential suppliers to submit products for testing and examination. Unsolicited potential suppliers may also offer products for consideration in accordance with the City's schedule and procedure for this purpose. Products meeting the City's requirements will be placed on the list.
b. Make the list accessible to the public in a manner that protects the identity of the competitors. Materials submitted for consideration should be maintained confidentially when submitted in accordance with the Government Records Act.
4. Samples And Descriptive Literature: The City may require samples and descriptive literature in connection with a solicitation. These materials show the characteristics of an item, or provide information available in the ordinary course of business, and they may assist in determining whether an item is acceptable for award. When required in a bid package, proposal package, or other solicitation materials, they must be furnished to the City free of charge. Unless specified otherwise, the City will return samples only upon request at the requestor's expense and in their existing condition. Unless specified otherwise, the City will not return descriptive literature.
5. Preparation By Third Parties: When determined to be advantageous to the City, a procurement official may permit third parties to assist in preparing specifications that comply with this article. Any person who assists in preparing City specifications may participate in a solicitation using those specifications except when the procurement official determines it would not be in the City's interest. The written determination and basis for decision shall be placed in the procurement file.
E. Small Purchases: When specifications are needed, small purchase procurements may make use of form specifications, qualified products lists, or other appropriate specifications. (2019 Compilation)