Ala. Admin. Code r. 355-4-4-.02

Current through Register Vol. 42, No. 10, July 31, 2024

Section 355-4-4-.02 - Specifications

(1) General Purpose and Policies.

(a) Use of Functional or Performance Descriptions.

Specifications shall, to the extent practicable, emphasize functional or performance criteria while limiting design or other detailed physical descriptions to those necessary to meet the needs of the State. To facilitate the use of such criteria, using agencies shall endeavor to include as a part of their purchase requisitions the principal functional or performance needs to be met.

(b) Preference for Commercially Available Products.

It is the general policy of this State to procure standard commercial products whenever practicable. In developing specifications, accepted commercial standards shall be used and unique requirements shall be avoided, to the extent practicable.

(2) Authority to Prepare Specifications.

(a) Statutory Authority of the Purchasing Agency to Prepare Specifications. The Purchasing Agency is authorized to prepare specifications for any type of supplies or services, the use of which shall be monitored by the Chief Procurement Officer.

(b) Authority to Contract for Preparation of Specifications When a written determination is made by the head of a Purchasing Agency authorized to prepare such specifications that there will be no substantial conflict of interest involved and it is otherwise in the best interest of the State, a contract to prepare specifications for State use in procurement of supplies or services may be entered into provided such officer and the Chief Procurement Officer retain the authority to finally approve the specifications.

(c) Small Purchase and Emergency Authority. If a specification for general or common use or a qualified products list exists for an item to be procured under 355-4-3-.04 (Small Purchases), it shall be used except as otherwise provided by the head of a Purchasing Agency. If no such specification exists, Purchasing and Using Agencies shall prepare specifications for use in such purchases. In an emergency under Rule 355-4-3-.06 (Emergency Procurements), any necessary specifications may be utilized by the Purchasing or Using Agency without regard to the provisions of this Chapter.

Ala. Admin. Code r. 355-4-4-.02

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022; operative 10/1/2022.

Author: Department of Finance, Legal Division

Authority:Code of Ala. 1975, § 41-4-151.