equipment satisfy the minimum functional technical and physical requirements of the project.
Consequently, proprietary or restrictive requirements shall not be used unless it has been
conclusively established that no substitute will serve the intended purpose.
"Sole source or proprietary" requirements shall be used only in situations where project
requirements mandate a particular product or source and where prior approval by the (Level I)
Contracting Officer has been obtained. When such a situation arises, promptly submit a request,
with justification, for the Level I Contracting Officer's approval.
When use of sole source or proprietary requirements has been approved, the specification shall
identify the sole source (i.e., supplier's, installer's, manufacturer's name) and material
identification number (catalog number, model number, etc). Following the sole source or
proprietary identification, the A-E shall include the following statement, "Notwithstanding any
other provision of this contract, no other product will be accepted." The inclusion of this
statement overrides the contract clauses that permit substitution of any supposedly equal product.
126.96.36.199 To include proprietary requirements in a construction contract, the A-E shall submit,
in writing, the following information:
a. The manufacturer/installer, model number, address of the manufacturer/installer, the
installed cost of each proprietary item for the project.
b. The total cost of the project.
c. Justification for the proprietary requirement.
1) Identify the required salient characteristics.
2) Identify the laws, regulations and Navy/DoD instructions which stipulate the
required salient characteristics.
3) Indicate why other available products cannot be used.
4) Indicate the commercial availability or non-availability of substituting products.
5) Provide any additional supporting information.
NOTE: The Contracting Officer will not approve proprietary specifications for products in
which overall lower life-cycle cost is the justification.
188.8.131.52 Qualified Products (FAR 9.2). The limitations pertaining to proprietary specifications
do not apply to items on a qualified products list. Typically such qualified product lists will be
used by an A-E providing Interior Design Services. Refer to paragraph 6.6.2 Mandatory