- Joined
- Apr 16, 2005
- Location
- Sharon, SC
Everything specified is 100% Performance based spec that 3 mfg CAN achieve. I absolutely CAN and DO base my schedules around a single product UNLESS I have to send it to DPI. If that's the case I still base on single model number but I have to LIST 3 mfg in that column (who can achieve the performance spec). I cannot, however, specify a single patented product that no other mfg are allowed to replicate with public money.
If your product cannot achieve the performance I have specified (state, local, federal tax dollars) but 3 mfg can, I can (and will) reject your product.
And to take it a step further, if the client DOES want a very specific MFG/model, I can make it an Add-alternate to achieve their desires.
I get that.
My point was sort of the other half of the coin.
In NC it doesnt matter if you have 3 or 23 named manufacturers. You can not EXCLUDE a manufacture based solely on brand. It has to be on a performance basis.
There is a case about to be brought in front of the NC Atny general that is about to get a whole bunch of publicity that is going to end up clarifying this very directly (Case doenst involve my company or anything in my industry. it does invovle one of our suppliers (who supplies to all my competitors as well) but its getting big and has big law and union behind it...looking to make a point.)
We just had to sit through a 12 hour regs class last week taught be a damn lawyer....snoooooorrrreeeeee