Section R33-4-103 - Specifications(1) A public entity shall include in solicitation documents specifications for the procurement item sought.(2)(a) Each specification shall be drafted with the objective of clearly describing the procurement unit's requirements and encouraging competition.(b) Each specification shall emphasize the functional or performance criteria necessary to meet the needs of the procurement unit.(3) A person with a conflict of interest, or who anticipates responding to the proposal for which the specifications are written, may not participate in writing specifications. A procurement unit may retain the services of a person to assist in writing specifications, scopes of work, requirements, qualifications, or other components of a solicitation. The person retained to assist in writing specifications may 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 R33-4-103(3) does not apply to the following: (i) a design build construction project; and(ii) other procurements determined in writing by the procurement official.(b) Violations of this Subsection R33-4-103(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 procurement official.(4) Requirements for brand name and equal specifications are as follows: (a) Brand name or equal specifications may be used when:(i) the phrase "or equivalent" is included within 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 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) A brand name may be required if:(a) only one brand can meet the requirements set forth in the specifications, and the procurement unit solicits from as many providers of the brand as practicable; and(b) there is only one provider that can meet the requirements set forth in the specifications and the procurement unit conducts the procurement in accordance with Section 63G-6a-802 and Section R33-8-101.Utah Admin. Code R33-4-103
Amended by Utah State Bulletin Number 2015-14, effective 6/23/2015Amended by Utah State Bulletin Number 2015-18, effective 8/21/2015Amended by Utah State Bulletin Number 2016-18, effective 8/22/2016Amended by Utah State Bulletin Number 2017-14, effective 6/21/2017Amended by Utah State Bulletin Number 2021-03, effective 1/22/2021Amended by Utah State Bulletin Number 2022-11, effective 5/23/2022