MC1-401 DUTIES OF THE DIRECTOR
The Director should establish guidelines governing the preparation, maintenance
and content of Specifications for Materials and Services; and in the case
of Construction, the County Engineer should establish guidelines governing
the preparation, maintenance and content of Specifications for Construction
required by Maricopa County. The Director shall, prepare, issue, revise, maintain
and monitor the use of Specifications for Materials and Services required
by Maricopa County. The County Engineer shall prepare, issue, revise, maintain
and monitor the use of Specifications for Construction required by Maricopa
County.
MC1-402 PREPARATION OF SPECIFICATIONS
Specifications shall be prepared by the Director, Purchasing Agency,
or County Engineer pursuant to this Code or by Contract pursuant to MC1-409.
In a emergency under MC1-345, any necessary Specifications may be utilized
by the Purchasing Agency or Article 5 Procurement Department without regard
to the provisions of this Code.
A Specification may provide alternate descriptions of Materials,
Services or Construction items where two or more design, functional, or performance
criteria will satisfactorily meet Maricopa County’s requirement.
To the extent practicable, Specifications shall emphasize functional
or performance criteria. To facilitate the use of such criteria, Using Agencies
shall use reasonable efforts to include the principal functional or performance
requirements as a part of their purchase requisitions.
To the extent practicable, a Specification for common or general use Item shall be prepared and utilized when:
A Material, Service or Construction item is used in common by several
Using Agencies or used repeatedly by one Using Agency, and the characteristics
of the Material, Service or Construction item, as commercially produced or
provided, remain relatively stable while the frequency or volume of Procurements
is significant.
Maricopa County’s recurring needs may require uniquely designed or specially
produced items.
Brand Name or Equal Specifications
A Brand Name or Equal Specification may be used when the Procurement
Officer determines that use of a Brand Name or Equal Specification is Advantageous
to Maricopa County and that:
No Specification for a common or general use Item or Qualified Products
list is available;
Time does not permit the preparation of another form of Specification,
other than a Brand Name or Equal Specification; or
The nature of the product or Maricopa County’s requirements makes use
of a Brand Name or Equal Specification suitable for the Procurement.
Such determination may be made for categories of Materials, Services
or Construction items or, in appropriate circumstances, for an entire Procurement
action even though a number of different items are being procured.
A Brand Name or Equal Specification shall designate as many different brands
as are practicable as "or equal" references.
A Brand Name or Equal Specification shall include a description of the particular
design, functional, or performance characteristics that are required unless the
Procurement Officer authorized to approve Specifications determines that the
essential characteristics of the brand names designated in the Specifications are
commonly known.
A Solicitation that uses a Brand Name or Equal Specification shall explain
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. The Solicitation shall state that products
substantially equivalent to those brands designated shall qualify for consideration.
Brand Name Specifications
A Brand Name Specification may be prepared and utilized only if the
Procurement Officer makes a Written Determination that only the identified
brand name item will satisfy Maricopa County’s needs.
If a Brand Name Specification is utilized the Procurement Officer shall,
to the extent practicable, identify sources from which the designated brand
name item can be obtained and shall solicit such sources to achieve the maximum
practicable competition. If only one source can supply to the requirement,
the Procurement shall be made under MC1-344.
Qualified Products List. A Qualified Products List may be prepared and
utilized when:
A Procurement Officer determines that testing or examination of the
Materials or Construction items prior to issuance of the Solicitation is desirable
or necessary in order to best satisfy Maricopa County’s requirements.
The Procurement Officer has solicited as many potential suppliers as
practicable 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 in accordance with
the schedule or procedure established for this purpose. The Qualified Products
List shall not be modified after the Solicitation is issued.
Inclusion is based on results of tests or examinations conducted in
accordance with requirements published by the Materials Management Department.
Qualified Products Lists’ test results shall be made available in a
manner to protect the identity of the supplier.
MC1-405 RELATIONSHIP WITH USING AGENCIES The Director or Purchasing Agency may obtain advice and assistance
from personnel of using agencies in the development of Specifications.
MC1-406 MAXIMUM PRACTICABLE COMPETITION All Specifications shall seek to promote overall economy for the purpose
intended and encourage competition in satisfying Maricopa County’s needs and shall
not be unduly restrictive.
MC1-407 REQUIREMENTS OF NONRESTRICTIVNESS
Nonexclusive Specifications:
To the extent practicable and unless otherwise permitted by this Code,
all Specifications shall describe Maricopa County’s requirements in a manner
that does not unnecessarily exclude a Material, Service or Construction item.
Proprietary Specifications shall not be used unless the Director or
Purchasing Agency determines in writing that such Specifications are required
by demonstrable technological justification and that it is not practicable
or Advantageous to use a less restrictive Specification. Past success in the
Material’s performance, traditional purchasing practices, or inconvenience
of preparing Specifications do not justify the use of Proprietary Specifications.
To the extent practicable, Maricopa County shall use accepted commercial
Specifications and shall procure standard commercial Materials.
MC1-408 SPECIFICATIONS, INTENT AND COMPOSITION All Specifications, including those prepared by other than County
personnel for public Contracts, shall seek to promote overall economy for the
purposes intended and encourage competition in satisfying Maricopa Count’s needs
and not be unduly restrictive.
MC1-409 PREPARATION OF SPECIFICATIONS
BY OTHER THAN MARICOPA COUNTY PERSONNEL The requirements of this Article shall apply to all Specifications
prepared by other than Maricopa County Personnel. Contracts for the preparation
of Specifications by other than County personnel shall require the Specification
writer to adhere to such requirements.
MC1-410 SPECIFICATIONS FOR ENERGY CONSUMPTIVE
MATERIALSThe Director or County Engineer may utilize Specifications based
on considerations of energy conservation for the Procurement of energy consuming
material.
