Approved Equals.docx

DOCX document 14 KB Posted

Attached to
CRAFCO CONCRETE COLD PATCH FOR PERMANENT CONCRETE REPAIR
Solicitation number
RFQ - 17A - 15010600000000000531
Issued by
Maine

About this file

This is an approved equals policy document from the State of Maine regarding procurement specifications and alternate bid procedures. The document clarifies that bidders meeting the specifications outlined in the RFQ will have their bids considered for award. Any bidder proposing an alternate item from what is specified must comply with State of Maine Statute 5 MRSA 1825-B. The policy establishes that when specifications reference a particular manufacturer's product by trade name or catalog number, the term "or approved equal" is implied, even if not explicitly stated. This presumption indicates that references to specific products are intended solely to establish minimum quality standards rather than to restrict competition to a single vendor.

Bidders submitting proposals for alternate commodities must furnish complete identification, descriptive literature, and data supporting their proposed substitute. The absence of such documentation will be construed as an indication that the bidder proposes to furnish the exact commodity as specified. The State reserves the right to reject any bids in whole or in part, to waive any formality or technicality in bids, and to accept any item in any bid. This framework ensures that the State's procurement process considers alternate products that serve the State's best interests while maintaining quality standards and allowing for competitive bidding.

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Approved Equals

The State of Maine Specifications are listed in the RFQ. Any bidders meeting the specifications will have his or her bid considered for award. Any Bidder who seeks to propose an alternate item from what is specified should refer to State of Maine Statute 5 MRSA §1825-B, for “Bids, awards and contracts”. I have listed the “Alternate Bids” reference below; please refer to the link for the complete statute. http://www.mainelegislature.org/legis/statutes/5/title5sec1825-B.html

5. Alternate bids. When, in bid forms and specifications, an article or material is identified by using a trade name and catalog number of a manufacturer or vendor, the term "or approved equal," if not inserted with the identification, is implied. There is a presumption that any reference to a particular manufacturer's product either by trade name or by limited description has been made solely for the purpose of more clearly indicating the minimum standard of quality desired. Consideration must be given to proposals submitted on approved equal alternate commodities to the extent that such action serves the best interest of the State. The bidder submitting a proposal on a commodity other than as specified shall furnish complete identification, descriptive literature or data with respect to the alternate commodity that the bidder proposes to furnish. Lack of such information on the bid must be construed to mean that the bidder proposes to furnish the exact commodity described. The State reserves the right to reject any bids, in whole or in part, to waive any formality or technicality in any bid and to accept any item in any bid

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