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(1) Specifications shall clearly describe the state's requirements and allow for the procurement of a supply or service that is adequate, suitable, and cost-effective for the state. Specifications may take into account, to the extent practicable, the costs of ownership and operation as well as initial acquisition costs and shall permit maximum practicable competition consistent with this purpose.

(2) Specifications shall, to the extent practicable, emphasize functional or performance criteria and limit design or other detailed physical descriptions to those necessary to meet the needs of the state. An agency shall include, as a part of their requisition, the principal functional or performance needs to be met, and any compatibility requirements.

(3) In developing specifications, accepted commercial standards shall be used and unique requirements shall be avoided, to the extent practicable.

(4) Brand name items or descriptions may be used to indicate standards of quality, performance, and/or use desired.

(5) Restrictive specifications shall not be used unless no other manner of description will suffice. In that event, a written determination shall be made that it is not practicable to use a less restrictive specification.

(6) A specification for a specific brand of supplies or services may be used if the requesting agency has a documented need to maintain a standard of performance and compatibility with existing supplies, equipment, or staff experience.

(7) The suggested format for specifications is as follows:

(a) name of commodity;

(b) purpose/use for commodity;

(c) description of commodity;

(i) Each item of the description should fulfill a functional or physical requirement.

(ii) If brand names are necessary to indicate quality levels, list an acceptable brand name.

(iii) Justification shall be provided and attached if a single brand is necessary.

(iv) Justification shall be provided and attached if the commodity is to be a sole source purchase.

(d) description of other requirements, such as warranty, training, parts, manuals, service, etc.;

(e) description of any unusual conditions, such as installation, field tests, fiscal year funding source, etc.;

(f) date commodity is to be delivered;

(g) location where commodity is to be delivered;

(h) name, address, and phone number of agency contact person; and

(i) acceptance procedures (if testing, sampling, or other evaluation will be performed when commodity is delivered to determine acceptability) must be described.

History: 18-4-232, MCA; IMP, 18-4-231, 18-4-232, 18-4-233, 18-4-234, MCA; NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1985 MAR p. 244, Eff. 3/15/85; AMD, 1990 MAR p. 1770, Eff. 9/14/90; AMD, 1994 MAR p. 2814, Eff. 10/28/94; AMD, 2000 MAR p. 65, Eff. 2/1/00; AMD, 2007 MAR p. 1657, Eff. 10/26/07.

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