R33-4-103. Specifications

  (1) Public entities shall include in solicitation documents specifications for the procurement item(s).

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

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

  (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. Procurement units 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) Subsection R33-4-104(3) does not apply to the following:

  (i) a design build construction project; and

  (ii) other procurements determined in writing by the chief procurement officer, or as applicable, the head of a procurement unit with independent procurement authority.

  (b) Violations of this Subsection R33-4-104(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 chief procurement officer, or as applicable, the head of a procurement unit with independent procurement authority.

  (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 procurement unit shall name at least three manufacturer's specifications.

  (5) Brand Name Requirements.

  (a) If only one brand can meet the requirements set forth in the specifications, the procurement unit shall solicit from as many providers of the brand as practicable; and

  (b) If there is only one provider that can meet the requirements set forth in the specifications, the procurement unit shall conduct the procurement in accordance with Section 63G-6a-802 and Section R33-8-101b.