Specifications are defined in this context as, 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 requirement for inspecting, testing or preparing a supply, service, or construction item for delivery. It is the primary responsibility of the requesting department head to furnish adequate specifications to the Town Administrator. The Town reserves the right to specify brand names based on its experience, current inventory and other qualifications specified by the requesting department. However, on occasion brand names may be noted as descriptive, not restrictive information, and in such cases, are used to indicate the quality and characteristics of products that will be satisfactory. In these instances, the Town in its solicitation will note that it will consider Bids offering “equal” products other than the one described by brand name if such products are clearly identified in the Bid response to the Town.
Specifications should be adequately detailed, precise, clear but simply worded, not unduly restrictive to permit competitive bidding, and to encourage cost effective procurement.
No changes in specifications shall be made to an invitation or any solicitation, unless all prospective offerors shall be notified of any changes. In the case of formal invitations, this 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, email, through the Town’s Procurement Portal, by fax transmission or in writing, depending on the complexity of the change. The changes must be clear, precise, assuring no misunderstanding by an offeror, no matter how the change is communicated. The changes shall be made available to all prospective offerors.
Should it be determined, after all bids of $50,000 or more 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 may be rejected at the discretion of the Council.
It is desirable that the Town stay 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 Town that such proposals would be in the Town’s best interest and clearly indicated within the invitation.
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 Town if the following conditions are met:
• Superior products, goods, or services do not exceed the cost of the lowest or next lowest responsive offer or under budget;
• the overall integrity is not jeopardized as far as the form, fit, and function is maintained; and
• it is in the best interests of the Town.