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 8.3.2 Or Equal Specification
The use of open proprietary specifying by naming acceptable commercial products
followed by the words "or equal" may be permitted with Command approval 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.
c. The item cannot be specified by descriptive, performance or reference standard
methods.
Note: In each instance include a minimum of three manufacturers in the description
followed by the words "or equal." Describe the essential features of the item in sufficient
detail to establish the basis upon which the quality of unlisted products will be determined.
The A-E may be requested either prior to bid opening or after award to approve of any "or
equal" substitutions.
8.3.3 Extended Warranty Clauses
Do not include special warranty clauses, other than those provided in the Contract Clauses,
i.e., a 1-year warranty by the Contractor or manufacturer's standard commercial warranty.
Any special warranties require the approval of a Level 1 Contracting Officer. Submit
justification for requiring the warranty clause with a copy of the proposed specification.
8.3.4 Experience Clauses
Do not include Contractor experience clauses, other than those provided in the NAVFAC
Guide Specifications unless they are required to perform the work required by the
specification. Any special experience clause not included in existing NAVFAC
specifications requires the approval of a Level 1 Contracting Officer. Submit justification
for requiring the experience clause with a copy of the proposed specification.
8.3.5 Pesticides, Herbicides, Fungicides, Etc.
Products of this nature require special approval. For a project using these materials
submit the specification section for review prior to the 100 percent submittal. This is
necessary to keep the project on schedule as the review will require additional time.
8.3.6 Computer Software For Construction Projects
If software is to be required for the project, the paragraph "Agreement to License the
Government to Allow Designated Organizations Use of Contractor Data for Government
Purposes" and a DD Form 1423, "Contract Data Requirements List," will need to be edited
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