Chapter 01. General Policies
Regulation .01 General Definition.LinkCopy Citation
A specification as used in this title means a clear and accurate description of the functional characteristics or the nature of an item to be procured. It may include a statement of any of the procurement agency's requirements and may provide for submission of samples, inspection, or testing of the item before procurement.
Regulation .02 General Purpose.LinkCopy Citation
A.
A specification is the basis for procuring an item in a cost effective manner. It is the policy of the State that specifications be written so as to permit maximum practicable competition without modifying the State's requirements. Specifications may not be drawn in such a manner as to favor a single vendor over other vendors. When applicable, specifications shall include statements concerning:
(1)
Low noise level pursuant to State Finance and Procurement Article, §14-403, Annotated Code of Maryland, and COMAR 21.11.07.04;
(2)
Energy efficiency;
(3)
Coal in heating systems pursuant to State Finance and Procurement Article, §14-404, Annotated Code of Maryland;
(4)
Percentage price preference for products made from recycled materials pursuant to State Finance and Procurement Article, §14-405, Annotated Code of Maryland; and
(5)
Preference for mercury-free products and equipment pursuant to State Finance and Procurement Article, §14-406, Annotated Code of Maryland.
B.
Brand Name or Equal. Brand name or equal means a specification that uses one or more manufacturer's names or catalog numbers to describe the standard of quality, performance, and other characteristics needed to meet the procurement agency's requirements, and which provides for the submission of equivalent products. Salient characteristics of the brand name item shall be set forth in the specification.
Regulation .03 Responsibility for Preparation.LinkCopy Citation
The using agency is responsible for preparing the specifications. The procuring agency shall require contractor compliance with State Finance and Procurement Article §13-212.1, Annotated Code of Maryland. To the extent practicable, functional or performance criteria shall be emphasized while limiting design or other detailed physical descriptions to those necessary to meet the needs of the State.
Regulation .04 Responsibility for Review and Approval.LinkCopy Citation
The procurement officer or the procurement officer's designee shall be responsible for reviewing the specifications for content, clarity, and completeness and to ensure that the specification is nonrestrictive. Final approval of the specifications shall rest with the procurement officer and subsequently with the Department. Specifications may be revised by the procurement officer for purposes of clarification as long as elements of the specifications remain the same. Revisions which change the technical elements of the specification may be made in consultation with the using agency.
Chapter annotations
Authority: State Finance and Procurement Article, §§12-101 and 13-205, Annotated Code of Maryland
History: Effective date: July 1, 1981 (8:13 Md. R. II-5)
History: Regulation .01 amended effective January 9, 1989 (15:27 Md. R. 3138)
History: Regulation .02 amended effective January 9, 1989 (15:27 Md. R. 3138)
History: Regulation .02A amended effective April 7, 2008 (35:7 Md. R. 751)
History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 751); January 2, 2017 (43:26 Md. R. 1449)
History: Regulation .04 amended effective May 2, 2022 (49:9 Md. R. 531)