R23-1-403. Specifications

  (1) Solicitation documents shall include specifications for the procurement item(s).

  (2) Specifications shall be drafted with the objective of clearly describing the Division's requirements and encouraging competition.

  (a) Specifications shall emphasize the functional or performance criteria necessary to meet the needs of the Division.

  (3) Persons with a conflict of interest, or who anticipate responding to the proposal for which the specifications are written, may not participate in writing specifications. The Division may retain the services of a person to assist in writing specifications, scopes of work, requirements, qualifications, or other components of a solicitation. However the person assisting in writing specifications shall not, at any time during the procurement process, be employed in any capacity by, nor have an ownership interest in, an individual, public or private corporation, governmental entity, partnership, or unincorporated association bidding on or submitting a proposal in response to the solicitation.

  (a) This Rule R23-1-403(3) does not apply to the following:

  (i) a design build construction project;

  (ii) provisions in specifications provided by the designer when the source of the specification is identified and it is not designed to be an impermissible sole source (a sole source that does not comply with the Utah Procurement Code and the applicable administrative rules); and

  (iii) other procurements determined in writing by the Director.

  (b) Violations of this Rule R23-1-403(3) may result in:

  (i) the bidder or offeror being declared ineligible for award of the contract;

  (ii) the solicitation being canceled;

  (iii) termination of an awarded contract; or

  (iv) any other action determined to be appropriate by the Director.

  (4) Brand Name or Equal Specifications.

  (a) Brand name or equal specifications may be used when:

  (i) "or equivalent" reference is included in the specification; and,

  (ii) as many other brand names as practicable are also included in the specification.

  (b) Brand name or equal specifications shall include a description of the particular design and functional or performance characteristics which are required. Specifications unique to the brands shall be described in sufficient detail that another person can respond with an equivalent brand.

  (c) When a manufacturer's specification is used in a solicitation, the solicitation shall state the minimum acceptable requirements of an equivalent. When practicable, the Division shall name at least three manufacturer's specifications.

  (5) Brand Name Sole Source Requirements.

  (a) If only one brand can meet the requirement, the Division shall conduct the procurement in accordance with 63G-6a-802 and shall solicit from as many providers of the brand as practicable; and.

  (b) If there is only one provider that can meet the requirement, the Division shall conduct the procurement in accordance with Section 63G-6a-802.