PAP.2.10.030 Specifications

(a) General.

(1) All specifications shall be drafted so as to promote overall economy for the purposes intended and to encourage competition in satisfying the Tribe's needs. Specifications shall be reviewed prior to solicitation to ensure that they are not unduly restrictive or represent unnecessary or duplicative items.

(2) Functional or performance specifications are preferred. Detailed product specifications should be avoided whenever possible.

(3) Consideration shall be given to consolidating or breaking out procurements to obtain a more economical result. For equipment purchases, a lease versus purchase analysis should be performed to determine the more economical form of procurement.

(b) Avoided Limitations.

(1) Geographic restrictions not mandated or encouraged by applicable federal law (except for architect-engineer contracts, which may include geographic location as a selection factor if adequate competition is available);

(2) Unnecessary bonding or experience requirements;

(3) Brand name specification (unless a written determination is made that only the identified item will satisfy the Tribe's needs; and

(4) Brand name or equal specifications (unless they list the minimum essential characteristics and standards to which the item must conform to satisfy its intended use). Nothing in this procurement ordinance shall preempt any applicable licensing laws. Specifications shall be scrutinized to ensure that organizational conflicts of interest do not occur (for example, having a consultant perform a study of the Tribe's computer needs and then allowing that consultant to compete for the subsequent contract for the computers).