Chapter 16.16


16.16.010    Maximum practicable competition.

16.16.020    Qualified products list.

16.16.030    Brand name or equal specification.

16.16.040    Brand name specification.

16.16.050    Local bidder preference.

16.16.060    Energy conservation.

16.16.010 Maximum practicable competition.

All specifications shall be drafted so as to promote overall economy for the purposes intended and encourage maximum free and open competition in satisfying the borough’s minimum needs, and shall not be unduly restrictive. The policy enunciated in this section applies to all specifications, including, but not limited to, those prepared for the borough by architects, engineers, designers and draftsmen. The chief procurement officer shall monitor the use of specifications for supplies, services, and construction required by the borough. (Ord. 2002-29 § 24, 2002; Ord. 82-69, 1982. 2004 Code § 16.35.010.)

16.16.020 Qualified products list.

A. Use. A qualified products list may be developed with the approval of the chief procurement officer when testing or examination of the supplies or construction items prior to issuance of the solicitation is desirable or necessary in order to best satisfy borough requirements.

B. Solicitation. When developing a qualified products list, a representative group of potential suppliers shall be solicited in writing to submit products for testing and examination to determine acceptability for inclusion on a qualified products list. Any potential supplier, even though not solicited, may offer its products for consideration.

C. Testing and Confidential Data. Inclusion on a qualified products list shall be based on results of tests or examinations conducted in accordance with prior published requirements. Except as otherwise provided by law, trade secrets, test data, and similar information provided by the supplier will be kept confidential when requested in writing by the supplier.

D. Basaltic Material (Brown’s Hill Quarry) shall be placed on the qualified products list. (Ord. 2002-29 § 25, 2002; Ord. 88-038 § 1, 1988. 2004 Code § 16.35.020.)

16.16.030 Brand name or equal specification.

A. Use. Brand name or equal specifications may be used when the chief procurement officer determines in writing that:

1. No other design or performance specification or qualified products list is available;

2. Time does not permit the preparation of another form of purchase description, not including a brand name specification;

3. The nature of the product or the nature of the borough’s requirements makes use of a brand name or equal specification suitable for the procurement; or

4. Use of a brand name or equal specification is in the borough’s best interest.

B. Designation of Several Brand Names. Brand name or equal specifications shall seek to designate three, or as many different brands as are practicable, as “or equal” references and shall further state that substantially equivalent products to those designated will be considered for award.

C. Required Characteristics. Unless the chief procurement officer determines in writing that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, function, or performance characteristics which are required.

D. Nonrestrictive Use of Brand Name or Equal Specifications. Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. (Ord. 2002-29 § 26, 2002; Ord. 82-69, 1982. 2004 Code § 16.35.030.)

16.16.040 Brand name specification.

A. Since use of a brand name specification is restrictive of product competition, it may be used only when the chief procurement officer makes a written determination that only the identified brand name item or items will satisfy the borough’s needs. The chief procurement officer must be prepared to substantiate the basis for the selection of the chosen material if only a single material is specified. Items on the qualified products list in FNSBC 16.16.020 are approved for brand specific specifications and do not need to separately meet the requirements of this section.

B. The chief procurement officer shall seek to identify sources from which the designed brand name item or items can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable. If only one source can supply the requirement, the procurement shall be made under FNSBC 16.12.040. (Ord. 2002-29 § 27, 2002; Ord. 88-038 § 3, 1988; Ord. 82-69, 1982. 2004 Code § 16.35.040.)

16.16.050 Local bidder preference.

A. In the award of contracts for goods or services, if otherwise in full conformity with the invitation for bids, a local bidder who has a valid business license to provide such goods or services shall be considered as low bidder if its bid is the lesser of five percent or $40,000 in excess of the lowest bid received from a nonlocal bidder located elsewhere in Alaska, or the lesser of 10 percent or $80,000 in excess of the lowest bid received from non-Alaska bidders. This local bidder preference shall be applied to all invitation for bids unless:

1. Prohibited by federal or state law or a grant requirement; or

2. The purchased good or service will be included in the cost allocation pool from which the administrative fee is determined.

B. The borough shall, through its chief procurement officer, take affirmative steps to encourage, to the maximum extent possible, the participation of and the award to local bidders in all borough procurements. The chief procurement officer is mandated to adopt and implement policies and procedures as necessary to facilitate local bidder participation and the award of procurements to local bidders.

C. Any delegation of authority to school district officials to purchase school equipment pursuant to FNSBC 16.08.030 shall require the authorized school district official(s) to take affirmative steps to encourage, to the maximum extent possible, the participation of and the award to local bidders in all procurements made pursuant to the delegated authority. (Ord. 2004-11 § 2, 2004; Ord. 2003-09 § 2, 2003; Ord. 88-051 § 2, 1988; Ord. 83-26 § 2, 1983; Ord. 82-69, 1982. 2004 Code § 16.35.050.)

16.16.060 Energy conservation.

The borough’s solicitation shall seek to promote energy conservation and shall comply with any mandatory standards and policies which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). (Ord. 82-69, 1982. 2004 Code § 16.35.060.)