UFC 1-300-09N
25 May 2005
There are no Government or commercial standards or specifications for
the item,
The item is a minor part of the construction project, and
The item cannot be adequately described because of technically involved
construction or composition.
In each instance, include in the description a minimum of two manufacturers 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 non-
listed products will be determined.
5-3.5
Experience Clauses.
Ordinarily, experience clauses are not included in the technical specifications. On
occasion, because of special difficulties in the work, strict construction schedules, or
past unsuccessful experience with contractors, an experience clause may be used to
ensure competence in the contractor. Experience clauses relate to the responsibility of
a firm, and more specifically, to its capacity to perform the work. The inclusion of
experience clauses in project specifications requires the approval of a Level One
Contracting Officer. Do not use experience clauses except those contained in UFGS.
Experience clauses that occur in the UFGS have been reviewed by a Level One
Contracting Officer and may be used without further approval or waiver.
5-3.6
Warranty Clauses.
Ordinarily, warranty clauses are not included in specifications. A warranty clause is any
provision that modifies terms of the normal 1-year warranty required by the contract
clause. There are two classes of exceptions. First, in rare instances, it is acceptable to
extend the period of the warranty based on the judgment of the designer, if the industry
routinely provides such extended periods of warranty and the unusually complex nature
of the product makes the provision cost effective on a life-cycle basis, or if UFGS
suggest the extension. Second, it is possible to add terms to a warranty, but only in the
rarest of circumstances and with written approval of a Level 1 Contracting Officer or
when UFGS indicate such an extension has been reviewed and approved by a Level 1
Contracting Officer.
5-3.7
Unrestricted Bidding.
Specifications for procurements state only the actual minimum needs of the
Government and describe the materials and installation so as to encourage maximum
competition in bidding. Eliminate, insofar as possible, any restrictive features that might
limit acceptable offers to one supplier's product or to the products of a relatively few
suppliers.
14
Previous Page
