Quantcast Proprietary and Restrictive Requirements

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defects in the material tested. Unless a material is tested under the conditions of actual
use, or comparisons are made under like conditions, the results are not conclusive. Most
reputable manufacturers will furnish readily all requested information and answer all
reasonable questions. Unless the manufacturer of a new material furnishes factual data
sufficient to evaluate the material, it should not be considered for use. If a material is
considered for use, a suggested competitive-type specification should be obtained from
the manufa cturer. Such a specification must be analyzed and revised as necessary to
assure that a competitive, good-quality product will be obtained.
a. Proprietary Specifications. The restrictions below are containe d in the Federal
Acquisition Regulations (FAR) and certain statutes. From time to time a situation arises
in which only a single product will perform the required function. In such cases, the
A&E should forward a request to the PM fully justifying use of the sole source product.
Proprietary or restrictive requirements shall not be used unless it is conclusively
established that no substitute will serve the purpose. Timely submittal of the request is
required to avoid delays in the work. If such authori zation is granted, the item should be
specified by manufacturer's name and catalog number, followed by "notwithstanding any
other provision of this contract, no other product will be acceptable" or language of
similar import. This is necessitated by the C ontract Clauses, which permit substitution of
any supposedly equal product unless such language is used. Use of proprietary items is
prohibited unless formal written approval is obtained.
b. "Or Equal" Specifications. Specifying items by naming accepta ble commercial
products followed by the words "or equal" is permitted under the following conditions:
(a) there are no Government Guide specifications for the item, (b) the item is a minor part
of the construction project, and (c) the item cannot adequate ly be described because of
technically involved construction or composition. In each instance a minimum of three
manufacturers shall be included in the description followed by the words "or equal". The
essential features (salient characteristics) of the item must also be set forth in sufficient
detail to establish the basis upon which the equality of non -listed products will be
c. Experience clauses shall not ordinarily be included in the technical specifications.
Experience clauses that oc cur in NAVFAC guide specifications have been reviewed and
approved by a Level I Contracting Officer and may be used without further approval or
Projects utilizing conventional construc tion methods and materials cannot be
restricted with respect to bidders, building systems, or materials. Occasionally a project
is unique in nature or has special circumstances that dictate use of unconventional
methods. For these projects the A&E shall identify and document to the PM the need and
basis of need for unique construction or state-of-the-art procurements. Documentation


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