(4) Cite reasons why other available products cannot be
(5) Cite any other reasons for proprietary requirements.
D o not use life-cycle cost to justify a proprietary
specification since it is not acceptable to NAVFACENGCOM.
2.3.3 Where small quantities of a special item are desired, sole
source procurement may be authorized and the special item included
as government-furnished material. For sole source procurement. the
A - E shall provide justification as required above.
2.3.4 " O r Equal" Specifications: (FAR 10.004) Specifying items
by naming a minimum of three acceptable commercial products followed
by the words "or equal" i s permitted under the following
c o n d i t i o n s : (a) There are no industry or government-type
s p e c i f i c a t i o n s for the item, (b) the item is a minor part of the
work, and (c) the item cannot adequately be described because of its
t e c h n i c a l l y involved construction or composition. The salient
c h a r a c t e r i s t i c s of the item must be sufficiently detailed in the
s p e c i f i c a t i o n to establish the basis for determining the equality of
n o n l i s t e d products.
2 . 4 Performance Specifications: (Purchase Description) (FAR
10.004) In some instances a performance specification may be more
a p p r o p r i a t e for use than design or descriptive specifications.
G e n e r a l l y a performance specification indicates the required
r e s u l t s , v e r i f i a b l e as meeting stipulated criteria, and free from
u n n e c e s s a r y process limitations. Requirements such as fire
e n d u r a n c e , toxicity, strength, durability and system output are
s t i p u l a t e d . P e r f o r m a n c e specifications shall not be written so as
t o specify a product or a particular feature of a product
proprietary to one manufacturer unless the Contracting Officer
(Code 02) approval has been obtained.
2 . 5 Unrestricted Bidding: S p e c i f i c a t i o n s or purchase
descriptions for procurement shall state only the actual minimum
needs of the government and shall describe the supplies and services
in a manner which will encourage maximum free competition in
bidding, a n d eliminate, insofar as possible, any restrictive
f e a t u r e s which might limit acceptable offers to one supplier's
product, o r the products of a relatively few suppliers.
2 . 6 Experience Clauses: Generally, c l a u s e s requiring a
Contractor to qualify for award of the project by demonstrating a
s t a t e d level of experience, s h a l l not be included in technical
s p e c i f i c a t i o n s . Procurement regulations require the government to
award contracts to a "responsible bidder" and the Contract Clauses
require the Contractor to maintain a competent superintendent and
work force on the job. However, s i t u a t i o n s occur where absolute
a p p l i c a t i o n of this prohibition is not practical. I f experience
clauses, in addition to the requirements in the Contract Clauses,
a r e considered vital, a p p l i c a t i o n to a Level I Contracting Officer