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 LANTNAVFACENGCOM A&E GUIDE
4/17/93
6.6
PROPRIETARY AND RESTRICTIVE REQUIREMENTS
A. Proprietary Specifications. The restrictions below are contained 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 LANTNAVFACENGCOM 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 authorization 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 Contract 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 acceptable
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 adequately
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 nonlisted products will be determined.
C. Experience clauses shall not ordinarily be included in the technical
specifications. Experience clauses which occur in NAVFAC guide specifications have
been reviewed and approved by a Level I Contracting Officer and may be used without
further approval or waiver.
6.7
PRE-QUALIFICATION STATEMENTS AND EXPERIENCE REQUIREMENTS
Projects utilizing conventional construction methods and materials can not be
restricted with respect to bidders, building systems, or materials. Occasionally a
project is unique in nature or has special circumstances which 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 shall include a description of the unique features, the
reasons for their uniqueness, and a description of the prequalification and experience
requirements necessary to adequately construct these features. Documentation should
be forwarded to the PM as soon as possible in the design process.
6-4
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