Custom Search
|
|
|
||
 obtained from the manufacturer. Such a specification must be analyzed and
revised as necessary to assure that a competitive, good quality product will
be obtained.
11.7.2
Restrictive Requirements
11.7.2.1
Proprietary Specifications
Specification of proprietary products is generally not permitted for Navy
construction projects except as discussed below. Specification sections shall
be written to permit bidding by any supplier whose products meet the
functional, technical, and physical requirements of the project. Use of the
NFGS sections will assure that no proprietary products have been specified.
From time to time, however, a situation arises in which only a single product
available from a sole source will perform the required function. In such
cases, the A/E shall submit as early as possible, written justification to the
DM for approval by the Contracting Officer. This justification must be
submitted in time to allow for necessary processing and a decision before the
final submission. The justification shall include a complete description of
the product, including the name, model and manufacturer's address. It shall
also include the reason(s) for the proposed proprietary specification. Such
reasons are generally related to one of the following:
a)
Safety
b)
Health
c)
Substantial cost savings
d)
One-of-a-kind product with no equivalent
e) Continued operation of existing vital equipment or to assure
compatibility with existing equipment
Proprietary products shall not be used unless it is conclusively established
that no substitute will serve the purpose and formal written approval is
obtained from the Contracting Officer. When a proprietary specification has
been authorized by the government, the affected project specification sections
shall state: "Notwithstanding any other provision of this contract, including
but not limited to the Material and Workmanship Clause, no other product will
be acceptable". Such language is required by the construction Contract
Clauses which permit substitution of any supposedly equal product unless such
language is used.
11.7.2.2
"Or Equal" Specifications
The practice of specifying items by naming acceptable commercial products
followed by the words "or equal" is not permitted unless written approval by
the Contracting Officer has been obtained. "Or Equal" approval may be
authorized for the following situations:
a)
there are no industry or government-type specifications for the
item.
b)
the item is a minor part of the construction project.
c) the item cannot be described adequately because of its 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
11 -
5
|
 
|
|
|
||
