ARTICLE 4 – SPECIFICATIONS AND SCOPES OF WORK

As discussed in Article 3, all Standard, Simplified, and Sole Source Purchases begin with written
Specifications or a written Scope of Work (“SoW”). The importance of these documents to the
quality of the procurement process, the eventual contract and, most important, the final result
cannot be overstated.

4.1 GENERAL GUIDELINES

1. Importance of Specifications and Scopes of Work.

a. From a contractual standpoint, the Specifications/SoW serves as one of, if not the
most important contract component. It is attached to and incorporated into the
contract as an exhibit. It, more than any other contract term, establishes the
expectations of the relationship and is often the determining factor in resolving
disputes over what work is or is not included in project.

b. From the County’s perspective, the Specifications/SoW serves as the guideline for
acquisition planning, selection of the appropriate solicitation method, identification
of the correct contract terms, and ultimately, dictates the quality of the final result.

c. From a potential vendor’s perspective, the Specifications/SoW serves as the basis

upon which to plan and prepare a responsive bid or proposal. It communicates the
nature and scope of the work to be done so that the responsive bid or proposal can
be specifically and appropriately tailored.

d. From a practical standpoint, the Specifications/SoW is required to initiate the

County’s internal acquisition planning process, which begins with a Purchase
Requisition to which the Specifications/SoW must be attached, and concludes with
the Department’s or Office’s ability to pay a vendor’s invoice.

2. Differences between Specifications and Scopes of Work.

a. Scope of Work: As addressed in § 4.2, a SoW is a written description of the result

that the County seeks to achieve upon contract completion. A SoW describes “what”
needs to be accomplished by the successful vendor as opposed to “how” the
successful vendor shall do the work. In very broad terms, a SoW is used in
connection with a Request for Proposals, discussed in § 5.3.

b. Specifications: As addressed in § 4.3, Specifications emphasize the functional or

performance criteria required to meet the County’s needs, such as specific
quantities, qualities, materials, and the like. In very broad terms, Specifications are
used in connection with an Invitation for Bids, where contract award is determined
solely on the basis of the lowest responsive and responsible bid offer, as discussed
in § 5.2.

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 3. Maximum Practicable Competition: Each Specification/SoW shall be prepared and
drafted in a manner to ensure maximum practicable competition, promote overall economy
for the purpose intended, and to encourage competition in satisfying the County’s
requirements, and shall not be overly restrictive.

4. Preparation: The Department Head, Elected Official, or an appropriate designee is

responsible for preparing the Specifications/SoW. The Procurement Department will work
with Departments and Offices to ensure each Specification/SoW is as thorough and accurate
as possible.

a. Capital Projects. In the case of Specifications for capital projects, the Chief
Procurement Officer, in collaboration with the Department, determines whether or
not the specifications shall be prepared internally or by contract with an
architect/engineering consultant.

b. Vendor Assistance. Obtaining vendor assistance to write Specifications/SoW is not

common practice and should be avoided when possible because it may inhibit
competition. If a vendor is involved in writing one of these documents, the vendor
should be paid for the service and prohibited from submitting a bid or proposal in
response to the solicitation.

i. The Chief Procurement Officer may allow the vendor to submit a bid or
proposal if it is in the best interest of the County. If an exception is made
and the vendor is allowed to bid, its role in preparing the specifications shall
be disclosed to other vendors as part of the solicitation documents.

4.2 SCOPE OF WORK

A SoW is a written description of the required goods or service stated in terms of the result to be
achieved. It describes “what” needs to be accomplished as opposed to “how” to do the work and is
the key document in a Request for Proposals, discussed in § 5.3, and the resulting contract.

1. Purpose of a SoW. The purpose of a SOW is to provide potential vendors with a clear,
accurate, and complete description of the work to be performed, including inspections, test
and acceptance, quality, support services required, critical time line definitions, data and
documentation desired, maintenance, and other necessary requirements.

2. Elements of a SoW. Every SoW should be expressly tailored for each specific requirement.
There are, however, several common elements that should be addressed whenever
applicable:

a. The Work: Describe the work sought, including any work plan, required
deliverables, milestones, performance standards, and due dates.

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 b. Period of Performance: List the start and end date for the entire project as well as
any other scheduling requirements.

c. Physical Location: Identify or describe where the work will be performed. If the
place of performance is at a specific address, identify it.

d. Supplies and Equipment: List the supplies and equipment that will be required,
used, and/or provided.

e. Payment Rate: Identify how the payment rate for the good or service will be
determined; for example, by job, month, day or hour.

f. Acceptance Criteria: State the criteria the County representative(s) will use to
determine if the product or service is acceptable.

g. Special Requirements: Identify any special requirements that are required to

successfully perform or complete the work, including for example, any anticipated or
allowable price increase over the term of the contract, any special hardware or
software, specific degrees or certifications, travel requirements, delivery
expectations, or any other need not covered by the contract that are necessary to the
success of the project.

4.3 SPECIFICATIONS

Specifications emphasize functional or performance criteria while limiting design or other detailed
physical descriptions to those necessary to meet the County’s needs. Specifications provide the
information critical to an Invitation for Bids, discussed in § 5.2, and the resulting contract.

1. Purpose of Specifications. The purpose of Specifications is to serve as a basis for

obtaining a supply item or service that is adequate and suitable to meet the County’s needs
in a cost effective manner, taking into account, to the extent practicable, the costs of
ownership and operation as well as initial acquisition costs.

2. Form of Specifications. Specifications shall be clear and accurate descriptions with

sufficient detail to provide for suitable purchases, without being unduly restrictive, and
shall include, where applicable:

a. Functions and standards characteristics;

b. Materials and methods descriptions;

c. Preparation for shipment, delivery point;

d. Quality assurance and acceptance tests;

e. Warranties and service support requirements;

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 f. Product, supply and service specifications.

3. Preference for Commercially Available Products. To the extent practicable, preference

shall be given to procurement of standard commercial products. In developing
Specifications, accepted commercial standards should be used and unique requirements
should be avoided.

4. Brand Name or Equal Specifications – Conditions for Use. “Brand name or equal”
specifications may be used when the item to be procured is best described by the use of
such a specification and when the Chief Procurement Officer, through acquisition planning,
determines that it is in the best interest of the County.

a. “Brand name or equal” specifications shall seek to designate as many different

brands or “as equal” references as are practicable, and shall further state any
substantially equivalent products that will be considered for award.

b. Where a “brand name or equal specification” is used in a solicitation, the solicitation

shall contain explanatory language that the use of a brand name is for the purpose of
describing the standard of quality, performance, and characteristics desired and is
not intended to limit or restrict competition.

5. Brand Name Specifications – Conditions for Use. Since use of a brand name
specification is restrictive, it may be used only when the brand name or items will satisfy
the Department’s or Office’s needs and the Chief Procurement Officer determines in writing
that:

a. No other design or performance specification or qualified products list is available;

b. Time does not permit the preparation of another form of product description, not
including a brand name specification;

c. The nature of the product or the nature of the County’s requirements makes use of
a brand name specification suitable for the procurement;

d. Use of a brand name is in the County's best interest due to such concerns as
standardization or compatibility with existing products used by other Departments
or Elected Officials; or

i. “Brand name” only specifications should not be confused with the situation that
arises if only one source can supply the requirement. When only one source can
supply the requirement, the procurement shall be made under the Sole Source
Purchase policy set forth in § 3.5.

e. Where a brand name specification is used in a solicitation, the solicitation shall

contain explanatory language that the use of a brand name is for the purpose of

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 describing the standard of quality, performance, and characteristics desired and is
not intended to limit or restrict competition.

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