Sec. 28-40. Reserved.

ARTICLE IV. SPECIFICATIONS*

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*   Editors Note: See editor's note at Art. I.

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Sec. 28-41. Reserved.

Sec. 28-42. Maximum practicable competition.

   Sec. 28-42(1). All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the city's needs and shall not be unduly restrictive.

   Sec. 28-42(2). To the extent practicable and unless otherwise permitted by this chapter, all specifications shall describe the city's requirements in a manner that does not unnecessarily exclude a material, service, or construction item.

   Sec. 28-42(3). Restrictive specifications shall not be used unless such specifications are required and it is not practicable or advantageous to use a less restrictive specification. The using agency requesting a restrictive specification shall provide written evidence to support the restrictive specification. Past success in the material's performance, or inconvenience of developing specifications do not justify the use of restrictive specifications.

   Sec. 28-42(4). To the extent practicable, the city shall use accepted commercial specifications and shall procure standard commercial materials.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-43. Specifications prepared by other than city personnel.

The requirements of this chapter regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications prepared other than by city personnel, including, but not limited to, those prepared by architects, engineers, designers, and consultants for public contracts, or subcontractors. No person preparing specifications shall receive any direct or indirect benefit from the utilization of such specifications.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-44. Brand name or equal specification.

A brand name or equal specification may be used to describe the standards of quality, performance, and other salient characteristics needed to meet the requirements of a solicitation, and which invites offers for equivalent products from a manufacturer.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-45. Brand name specification.

A brand name specification may be used to identify the sole acceptable item that meets the city’s needs for purchases above the amount specified in section 28-16(1). The using agency requesting a brand name specification shall provide written evidence to support a brand name determination. A written determination by the director of the basis for the brand name shall be maintained as public record. Past success in the material’s performance, traditional purchasing practices, or inconvenience of drawing specifications do not justify the use of a brand name specification.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)