§ 41-4-151 — Standards and Use of Specifications

(a) The Chief Procurement Officer, by rule, may set standards for the preparation, maintenance, and content of specifications for supplies or services required by the state.
(b) The Chief Procurement Officer shall monitor the use of specifications for supplies or services required by a purchasing agency.
(c) The Chief Procurement Officer shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications.
(d) All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the state’s needs and shall not be unduly restrictive.
(e) Specifications may be prepared by persons other than state employees when necessary. The Chief Procurement Officer shall exercise diligence to assure that any third party who prepares specifications or requirements does not have a conflict of interest or an unfair competitive advantage in any subsequent procurement. Vendors that participate in the drafting of specifications for the state shall disclose the same on its vendor disclosure statement required by Section 41-16-82.

Legislative History

(Act 2021-296, §2)