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 8.1.8.2 Generally, proprietary specifications are not approved for inclusion
in construction contracts. 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.
8.1.9 "Brand Name or Equal" or "Product General Description with Salient
Characteristics (Without `Or Equal' Statement)":
a. "Brand Name or Equal" (Not Recommended): Specifying items by naming
acceptable commercial products followed by the words "or equal" is permitted,
although not recommended, under the following conditions: 1) there are no
Government specifications for the item, 2) the item is a minor part of the
construction project, and 3) the item cannot be adequately described because
of technically involved construction or composition. In each instance,
specifications. Advise the PDE if "or equal" specifications are used.
b. "Product General Description with Salient Characteristics (Without
`Or Equal' Statement)" (Preferred Method): 1) Salient characteristics are
listed in sufficient detail but are not restrictive to one product to
determine acceptability of unlisted products; and 2) the following statement
is included in the appropriate technical specifications: "Product names and
model numbers are included for reference only. Products of other
manufacturers are acceptable if the product conforms to specified
requirements."
8.1.10 Performance Specifications: Generally used to allow the contractor
maximum freedom in developing a system or product. Specify only essential
requirements. Generally, a performance specification indicates the required
results, verifiable as meeting stipulated criteria, and free from unnecessary
process limitations. Requirements such as fire endurance, toxicity,
strength, durability and system output are stipulated. Performance
specifications shall not be written so as to specify a product or a
particular feature of a product proprietary to one manufacturer unless
PACNAVFACENGCOM ACQ approval has been obtained.
8.1.11 Trade Names: Do not use trade names in specifying products or
equipment except where project requirements dictate it, i.e., where a
proprietary specification is required. Avoid using generic trade or brand
names.
8.1.12 Experience and Warranty Clauses: Generally, experience and warranty
clauses are not included in the technical specifications. Warranty and
equipment experience clauses other than those in the latest NAVFAC guide
specifications require Level I Contracting Officer approval. Prepare the
justification for these additional experience and/or warranty clauses and
submit to the PDE.
8.1.12.1 Experience Clauses: When it is determined that special
qualifications are required to perform the work of a guide specification
satisfactorily, include a Contractor's experience clause. The experience
clause shall state that the successful firm be one which is experienced in a
particular type of work, is of an established reputation,and is generally
recognized in the industry as having the level of capability required for the
project. Provisions shall be included in the specification which establishes
the criteria to be used in verifying the qualifications of a firm to do the
work. The specification shall not stipulate that a firm must have been in
business for a stated period of time unless PACNAVFACENGCOM ACQ approves the
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