The term specification or specifications refers to that portion of a solicitation that describes the required
characteristics of a commodity or service. It is used interchangeably
with the terms purchase description, purchase
specification, purchase requirement, commercial item description, scope of work and statement of work. A specification
may include requirements for samples, prototypes, inspection, testing,
warranty and packaging. The specifications are the communication medium
between the purchaser and the seller and the basis on which the bids
are prepared. Specifications for each item should be definite and
precise to eliminate the possibility of misunderstanding on the part
of the vendor or the purchaser.
The fundamental premise of public procurement is that maximum
price competition minimizes government costs. Specifications shall
be prepared accordingly.
Specifications which call for only one “brand or trade
name” item to be furnished shall not be issued unless prior
approval is granted by the Purchasing Manager. “Brand names”
may be used to establish acceptable or minimum standards that all
vendors must meet or exceed.
In considering and developing specifications, it may be determined
that expenditures cannot be expected to provide for excessive levels
of quality.
(Res. 04-12 (§ 11.1), 1-16-12)
The City Purchasing Manager is responsible for and has the authority
to accept or reject any specification. Since the purpose of a specification
is to translate a user’s need into the delivery of a good or
service, the development of specifications must be a cooperative effort
between the using agency and Purchasing. However, prior to release
of a specification as part of a solicitation, the Purchasing Manager
or buyer must be satisfied that it shall result in a fair and equitable
competitive procurement.
(Res. 04-12 (§ 11.2), 1-16-12)
There are several types of specifications. The development,
selection and use of a particular type are dependent on the situation,
time, information available and needs of the user.
(a) Performance Specifications.
Performance specifications
(also known as functional specifications) are preferred since they
communicate what a product is to do, rather than how it is to be built.
Among the ingredients of a performance specification would be the
following:
(1) A general nomenclature or description;
(2) Required performance characteristics (minimum/maximum) to include
speed, storage, production capacity, usage, ability to perform a specific
function;
(3) Operational requirements, such as limitations on environment, water
or air cooling, electrical requirements;
(4) Site preparation requirements for which the contractor shall be responsible,
such as electricity or plumbing, or for which the City shall be responsible;
(5) Compatibility requirements with existing equipment or programs;
(6) Conversion requirements for maintaining current equipment or system
until switching to the new equipment or system;
(7) Installation requirements;
(9) Maintenance requirements;
(10) Supplies and parts requirements;
(11) Quantity and method of pricing;
(13) Service location and response time.
Note: Performance specifications shall be developed by City
agencies unless impractical or unnecessary to fully and accurately
describe agency requirements.
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(b) Design Specifications.
Design specifications employ
dimensional and other physical requirements and concentrate on how
a product is fabricated, rather than on what it should do. Design
specifications are normally prepared by architects and engineers for
construction or custom manufactured products. Among the ingredients
of a design specification would be the following:
(1) Dimensions, tolerances and specific manufacturing or construction
processes;
(2) References to a manufacturer’s brand name or model number;
and
(3) Use of drawings and other detailed instructions to describe the product.
(c) Brand Name Specifications.
(1) A brand name specification may be used only when the Purchasing Manager
has determined that sufficient sources of competition exist for the
procurement of the material and that the use of the brand name specification
is not intended to limit or restrict competition.
(2) A brand name specification may also be used to describe the standard
of quality, performance and other salient characteristics of a material
in lieu of a description of its physical or functional characteristics.
In such cases, the solicitation shall contain explanatory language
that the use of the brand name is for the purpose of describing the
standard desired and that the substitution of equivalent materials
is permitted.
(3) When a specification mentions a manufacturer’s brand name or
model number, it shall also include the words “or equal.”
In this regard, “or equal” is interpreted to mean “substantially
(real, actual and/or true, not imaginary) equal and capable of performing
the essential functions of the referenced brand name or model.”
Identify in the requisition any specific features of the referenced
brand that must be met.
(d) Service Delivery Specifications (aka Scope of Work/Services).
The following is an outline of the types of information that
should be included in a scope of work or scope of services developed
for procurement of independent contractors providing services other
than construction (e.g., HVAC maintenance, window washing, demolition,
etc.).
(1) General Requirements.
Describe, in general terms, the
contractor’s responsibility to provide a service or produce
a final product.
(2) Specific Requirements.
Next, address the specific tasks,
sub-tasks, parameters and limitations which must be considered in
producing the service or final project. Such factors as the following
should be included:
(i) Details of work environment;
(ii)
Minimum or desired qualifications;
(iii)
Amount of service needed;
(vi)
Definition of service unit;
(viii)
Travel regulations or restrictions;
(ix)
Special equipment required; and
(x) Other factors affecting working environment.
(3) City-Provided Materials or Services.
List any plans,
reports, statistics, space, personnel or other City-provided items
that must be used, or are available for use, by the contractor.
(4) Deliverables, Reports and Delivery Dates.
Identify the
specific delivery dates for all services and products the contractor
must furnish. Be clear about the expectations of the City for the
contractor’s performance.
(Res. 04-12 (§ 11.3), 1-16-12)
(a) Do:
(1) Use the word “must” or “shall” to describe
a command or mandatory requirement;
(2) Use the words “should” or “may” to describe
an advisory or optional requirement;
(3) Be specific and detailed in presenting mandatory requirements; and
(4) State a requirement of fact once and avoid duplication.
(b) Don’t:
(1) Present something as mandatory if it is really only optional;
(2) Write specifications or scope of work that restricts response to
a single bidder/offeror; and
(3) Place bid/proposal administrative or contractual terms in the specification
portion of the document.
(Res. 04-12 (§ 11.4), 1-16-12)
All specifications shall be drafted so as to promote overall
economy for the purpose intended to encourage competition in satisfying
the City’s needs and shall not be unduly restrictive. The policy
enunciated in this chapter applies to all specifications including,
but not limited to, those prepared for the City by independent architects,
engineers, designers and draftsmen.
Departments are responsible for the first draft of specifications
to be submitted to Purchasing. Lengthy and complex specifications
should be submitted to Purchasing via e-mail attachment. After Purchasing
has reviewed the specifications and attached its standard terms and
conditions, the Department shall be forwarded a redline draft for
final review and approval.
Bids and quotations should be based on concise but adequate
specifications. A lengthy specification composed or designed solely
for the purpose of eliminating competition, other than those able
to supply a particular brand name commodity, should be avoided and
the actual brand name or common description should be used when no
other of its kind would be equally satisfactory. Specifications should
be detailed to provide a basis for full and fair competitive bidding
upon a common standard and should be free from any restrictions that
would have the effect of stifling competition.
The Purchasing Manager or buyer has authority to require modifications
or alterations to a specification to permit competitive bidding. The
Purchasing Manager or buyer shall furnish the requesting department
representative with a written report of any change(s) and why change(s)
is desired and/or necessary. Disagreements between Purchasing staff
and agency representatives regarding final bid or proposal specifications
shall be resolved by the City Manager.
(Res. 04-12 (§ 11.5), 1-16-12)
Once a solicitation has been posted, no changes in the specifications
may be made unless an addendum is issued, clearly pointing out such
changes. This addendum shall instruct the vendor to sign and attach
one copy to his/her response as proof of receipt. Once a decision
has been reached on the specification(s), all responses must be based
upon the same specifications and no vendor has a right to substitute
other specifications for those contained in the solicitation.
(Res. 04-12 (§ 11.6), 1-16-12)