UFC 1-300-09N
25 May 2005
5-3.8
Contract Parties.
In general, do not designate part of the work to be performed by a particular
subcontractor (e.g., the plumbing contractor) in constructing the project. The
Government recognizes only one Contractor (the prime or general contractor) and it is
the Contractor's responsibility to divide up the work except in some specific instances.
Design-Build RFP sections do require that some specific tasks be executed by
specifically qualified Contractor design personnel. Other sections (e.g., Fire Protection,
Elevators, small arms ranges) may require the certification of a particular item by a
particular subcontractor representative or refer to another party for work not included in
the contract.
5-3.9
Contract Clauses.
Do not repeat the contract clauses in project specifications. The contract clauses in the
contract contain requirements, which affect the general conduct of the work in the
contract. If these are randomly modified within the specifications, it may weaken or void
the contract clauses.
5-3.10
Contractor Direction.
Avoid the term "the Contractor shall". The Contractor is responsible for performing the
work as shown and specified; therefore, there is no reason to use the phrase. Speak
only to the Contractor, not the supplier or manufacturer. The Contractor cannot be
directed through the manufacturer or supplier or vice versa. Stating "the manufacturer
shall provide [_____]", could be interpreted as simply informing the Contractor that a
party other than the Contractor is responsible, comparable to "the Government shall
provide [_____]". Likewise, there is usually no reason to differentiate between actions
expected of the "Contractor" and the Contractor's various suppliers, to attempt to do so
borders closely on an assignment of work. Avoid using the specification to instruct the
Contracting Officer.
5-3.11
Specifying New Items.
From time-to-time, requests are made to consider the use of materials that are relatively
new. While NAVAFC encourages innovative solutions, we must manage risk
appropriately. Take care in specifying project items that have not gained widespread
acceptance and use. Usually, service records of new materials do not exist. It is
therefore necessary to base performance on laboratory tests. These tests:
Must have been made under the conditions of actual use,
Must have been conducted by a reputable, independent laboratory, and
Must have factual documentation sufficient to support evaluation of the
material.
Most manufacturers will furnish all requested information about a product and answer all
reasonable questions. The manufacturer may also provide a suggested, competitive,
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