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 Underlining any portion of a paragraph or capitalizing
j.
phrases or words for the Sake of the emphasis. All of the
requirements are important in obtaining the desired product
o r service.
k.
Trade names, copyrighted names and other proprietary names
applying exclusively to the product of one company. unless
the item(s) cannot be described adequately because of
t e c h n i c a l involvement, construction, or composition. In
s u c h instances. a t least three (more, if possible)
commercial products may be included with the phrase "or
equal" f o l l o w i n g to assure that bidding will not be limited
t o the particular make Specified. The same philosophy
applies to manufacturers' part numbers or drawing numbers
f o r minor parts when it is impractical to specify the exact
r e q u i r e m e n t s in the specification. T o the extent that it
i s p r a c t i c a l , t h e particular characteristics required
s h o u l d be included to define the "or equal" basis. Trade
names present a problem when they have become generic
terms. For instance, the word " m i c r o s w i t c h " is frequently
u s e d to refer to any sensitive or snap-action switch, but
"Microswitch" is a brand name. Some manufacturers
jealously guard their trade names. Bussmann, for instance.
u s e s the registered name "Fusetron" for time-delayfuses.
and they don't want "Fusetron" to become a generic term.
When such a registered trade name is misused, the
manufacturer can lose his exclusive rights to the name,
causing him considerable harm. Even brand names which have
become generic should be avoided in writing a
s p e c i f i c a t i o n , s i n c e they cannot convey clearly to the
C o n t r a c t o r or Inspector what is required. To maintain
c l a r i t y and avoid potential mishaps, proprietary names
should always be used correctly. and only when absolutely
necessary.
1.
D i m e n s i o n s or locations in the specification: this
information belongs on the drawings.
m.
The term "and/or" in specifications. T h e effectiveness of
the specification depends on precise language used to
convey concepts in an unambiguous manner;. "And" is used to
indicate additive requirements such as, "The Contractor
s h a l l supply one set of prints and the original.
n e g a t i v e s . " " O r " is used to indicate an alternative such
as. "Data may be supplied on magnetic tape or standard
p u n c h cards." The term "and/or" is not recognized by the
English language nor contract law. Like most terms of this
t y p e . "and/or" is conveniently misunderstood and results in
numerous claims.
Y-SPEC 1/89
3-9
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