Chapter 41.44
SPECIFICATIONS

Sections:

41.44.010    Specifications.

41.44.020    Authority for specifications.

41.44.030    Types of specifications.

41.44.040    Specifications “do’s and don’ts.”

41.44.050    Preparation of specifications.

41.44.060    Changing specifications.

41.44.010 Specifications.

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)

41.44.020 Authority for specifications.

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)

41.44.030 Types of specifications.

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;

(8)    Delivery date;

(9)    Maintenance requirements;

(10)    Supplies and parts requirements;

(11)    Quantity and method of pricing;

(12)    Warranty; and

(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.

(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;

(iv)    Expected results;

(v)    Location of service;

(vi)    Definition of service unit;

(vii)    Time limitations;

(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)

41.44.040 Specifications “do’s and don’ts.”

(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)

41.44.050 Preparation of specifications.

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)

41.44.060 Changing specifications.

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)