gathering, researching, and drafting specifications dee dorsey ron pigott
TRANSCRIPT
Gathering, Researching, and Drafting Specifications
Dee Dorsey
Ron Pigott
Specs = Dangerous Stage of Solicitation Process
Let’s Talk About Peanut Butter
DANGER OF IGNORANCE
You will get the wrong item/service
It won’t be compatible with what you already have
It will cost far more than the actual good/service you NEED
The market won’t have a solution
You have to start all over again
Specs can be geared towards a particular good or vendor
Specs can be geared away from a particular good or vendor
Can “overbuy” (needs vs. wants)
DANGER OF MISUSE
Dangers of SpecsIgnorance and Misuse Can Sink Your Procurement
In a perfect world, you would know exactly what you need, be able to explicitly describe it, and have several vendors that understand it.
We don’t live in a perfect world.
So…How Do You Develop Specs??
You need to talk to your internal users of the good/service. Find out: What they need What it will work with (integration) What legal requirements surround it
You need to talk to the vendor community to find out: What they have that could work What it could cost If there are better solutions we haven’t thought
of
Talk, Talk, Talk
Before you start a solicitation process
During the solicitation process through:Bid conferences Q&ANegotiationsBAFO
THROUGH an RFI Process
When Can You Speak with Vendors?
Beware of §2155.004, Gov’t Code This statute says: A state agency may not accept a bid or award a contract that
includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based.
(b) A bid or award subject to the requirements of this section must include the following statement:
"Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate."
Beware of §2155.004, Gov’t Code
If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded under §2155.004, the state agency may immediately terminate the contract without further obligation to the vendor.
This section does not create a cause of action to contest a bid or award of a state contract.
This section does not prohibit a bidder or contract participant from providing free technical assistance to a state agency.
When May You Speak with Internal Customers?
Get Close, Get PersonalYour end users are usually your subject matter
experts (SMEs)
Get to know their needs!
Understand their work processes
If you don’t understand what is needed and how it will be used…the vendors probably won’t either!
So, What Should Specs Look Like?They should be clear and conciseThey should enhance, not limit, competition
This means avoiding language that focuses on a particular make or model, whenever possible
Reference brands are acceptable, but should state “or equivalent”
Be comprehensive If you have a project that requires the solution to
do 12 things, spell out all 12 things it must doExplain your need fully
So, What Should Specs Look Like?Use “shall” and “must” when describing mandatory requirements. For example, “program must work on Windows XP or
newer”…”vehicle must operate on propane”…. If there are delivery requirements or installation
needs, include them in detail If the vendor must have a license to perform the
work, require the licenseList your insurance requirements
So, What Should Specs Look Like?If you use a reference brand, provide a link to the Web site that has the specs for that brand item.
If you are using measurements, spell them out: Write “pounds,” not “lbs” to avoid confusion
So, What Should Specs Look Like?List out requirementsDo NOT embed them in long, narrative paragraphs. Something will be missed, if you do.
It is best to use an Outline format for spec requirements, with a new number or letter for each individual requirement
Get Your Specs Reviewed
Two sets of eyes are better than oneHave reviews of the RFx and Specs by:
End Users Other Purchasers Contract Managers Legal Counsel
Every Vendor’s Crazy About Sharp Dressed SpecsGood specs not only make it easier for vendors to bid, they make you and your agency look good, too!
Vendors want to work with organized, knowledgeable customers
Good specs also prevent Addenda during the RFx process
Keeping the Price DownProviding an accurate physical and functional description of the product/services needed prevents the potential for inflated pricing.
If the spec is vague, the vendor will have to add in costs to cover the risks of the unknown
Market ResearchOften known as “Google”Network with other agencies who have similar needs
Research the prices usually paid for the goods/services. Use this knowledge in negotiations
