requirements by inserting illegal requirements, omitting limiting conditions,
and establishing a precedent of overemphasizing requirement conditions.
Coordinate between the specification and the contract clauses, NFGS-01110,
NFGS-01450, etc., to eliminate duplications and contradictions.
8.12.2 Open-Ended Requirements:
Avoid using open-ended undefined
requirements such as:
As may be required
An approved type
Subject to approval
Satisfactory to the Contracting Officer.
The Contractor cannot predict in advance what will be required,
necessary, directed, approved, or satisfactory and, thus, must assume the
risk that what he proposes will be acceptable. This risk translates into a
higher bid price to cover that risk. Furthermore, bidders will be bidding on
a different basis, each with associated risk factors reflected in their bids.
Another example of an open-ended requirement is: "Provide core samples,
as required." In this instance, bids must be based on coring 100 percent of
the depth of each hole.
If depths of geological structures are unknown or the core samples
required cannot otherwise be defined, estimate the percentage of the hole
length for which cores will be required. For example: "Provide core samples
of 60 percent of hole depth."
8.12.3 Indeterminate Words and Phrases: Do not use "Unless otherwise
specified" because it is impossible to determine how or where something will
be specified otherwise. The phrase must be clarified by providing a
definition and a specific reference to another part of the guide
specification. Specificity is essential, and indeterminate phrases shall be
replaced with wording conveying specific intent. Examples of indeterminate
words of phrases:
First class workmanship
Good working order