12 Miss. Code. R. 6-4.104.01.2
A specification for common or general use items shall, to the extent practicable, be prepared to be utilized when:
In the event a using agency requests the preparation of a specification for a common or general use item, the Chief Procurement Officer may prepare such a specification if such officer determines the conditions in Subsections 4.104.01.2 (1)(a)(i), (ii), or (iii), Preparation and Utilization, have been met.
The Chief Procurement Officer or the head of a purchasing or using agency preparing a specification for a common or general use item may provide the using agencies, and a reasonable number of manufacturers and suppliers as such officer deems appropriate, an opportunity to comment on the draft specification.
Final approval of a proposed specification for a common or general use item shall be given only by the Chief Procurement Officer or by the head of a purchasing or using agency authorized to give such approval.
Revisions to specifications for common or general use items which do not change the technical elements of the specifications but which are necessary for clarification may be made upon approval of the Chief Procurement Officer or the head of a purchasing or using agency authorized to approve such specifications. Interim revisions for a particular procurement which change the technical elements of the specification may be made by the Chief Procurement Officer or the head of a purchasing or using agency authorized to approve such specifications. All other revisions shall be made in accordance with 4.104.01.2 (1)(b), Comments on the Draft, and Subsection 4.104.02.2 (1)(c), Final Approval.
A specification for a common or general use item may be canceled by the Chief Procurement Officer, or by the head of a purchasing or using agency authorized to give final approval to such specifications.
Subsection, 4.104.01.2(2), Brand Name or Equal Specification, shall apply whenever brand names are used in specifications except as provided in Subsection 4.104.01.2(3), Brand Name Specification.
Brand name or equal specifications may be prepared to be used when the Chief Procurement Officer or the head of a purchasing agency determines that:
Brand name or equal specifications shall seek to designate as many different brands as are practicable as "or equal" references and shall further state that substantially equivalent products to those designated will be considered for award.
Unless the Chief Procurement Officer or the head of a purchasing or using agency authorized to approve specifications determines that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand name or equal specifications shall include a description of the particular design, functional, or performance characteristics which are required.
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.
Since use of a brand name specification is restrictive, it may be used only when the Chief Procurement Officer makes a determination that only the identified brand name item or items will satisfy the State's needs.
The Agency Procurement Officer shall seek to identify sources from which the designated brand name item or items can be obtained and shall solicit such sources to achieve whatever degree of competition is practicable. If only one source can supply the requirement, the procurement shall be made under Section 3.109, Sole-Source Procurement.
A qualified products list may be developed with the approval of the Chief Procurement Officer, or the head of a purchasing or using agency authorized to develop qualified products lists, when testing or examination of the commodities prior to issuance of the solicitation is desirable or necessary in order to best satisfy the requirements.
Comments on final approval of and revisions to the proposed criteria and methodology for establishing and maintaining a qualified products list, and the cancellation thereof, shall follow the procedures of Subsections 4.104.01.2 (1) (b), Comments on the Draft, through 4.104.01.2 (1) (e), Cancellation, applicable to specifications for common or general use items.
When developing a qualified products list, a representative group of potential suppliers shall be solicited in writing to submit products for testing and examination to determine acceptability for inclusion on a qualified products list. Any potential supplier, even though not solicited, may offer its products for consideration.
Inclusion on a qualified products list shall be based on results of tests or examinations conducted in accordance with prior published requirements. Except as otherwise provided by law, trade secrets, test data, and similar information provided by the supplier will be kept confidential when requested in writing by the supplier. However, qualified products lists test results shall be made public but in a manner so as to protect the confidentiality of the identity of the competitors by, for example, using numerical designations.
Commentary
The obligation to keep data confidential is not intended to create any liability that would not otherwise exist under State law.
12 Miss. Code. R. 6-4.104.01.2