Proprietary Specifications A proprietary specification is one which requires the use of a sole source product. Bidders are responsible for determining the cost and sources of the items specified.
What is a proprietary specification in construction?
Proprietary Specifications Proprietary specsare used when you need to use a single type of product for any kind of installation. These are the least common of the three types of construction specifications, but they are for jobs involving existing equipment and already completed installations.
How do you specify a product in a proprietary specification?
There are two ways to specify a product in a proprietary specification: closed or open. A closed proprietary specification names, describes, and lists a single product or system.
How many manufacturers are listed in a product specification?
The specification may list only one manufacturer or a product by one manufacturer, or it could list the single manufacturer or product and provide a list of other manufacturers or products that are options (note that options differ from substitutions, which will be discussed later).
Can a local government use proprietary specifications in a contract?
In New Jersey (where I frequently practice), the Local Public Contracts Law bans local government agencies from using proprietary specifications. However, on NJDOT projects that do not receive federal funding, proprietary specifications are not per se prohibited. But, a contractor can request substitution of the specific product.
What are types of specification?
Four Types of "Specifications"Product Specification: This describes a manufacturer's product and its performance without consideration for a particular building. ... Project Specification: This describes an architect's design and performance requirements for a particular building. ... Master Specification: ... Guide Specification:
What are the three types of specification?
Generally, there are three different types of construction specifications found in contracts: prescriptive specifications, performance specifications, and proprietary specifications.
What are the 2 types of specifications?
Detailed Specifications have two major types as follow. a) Standard Specifications. b) Special Specifications.
How can a proprietary specification be made into an open specification?
By default, closed specifications are proprietary. However, they can be made “open” by not referring to a singular brand or providing requirements applicable only to a specific product. This is commonly done by adding “or equal” after the listed brand.
What are the 4 types of specifications?
Deciding among the four types of specifications—descriptive, performance, reference standard, and proprietary—and choosing how the specification is going to be written is only the first of many design decisions engineers make when starting to edit what will become a project specification, especially when specifying ...
What is a proprietary specification in architecture?
Proprietary specifications are those that require the use of a single approved product type for any particular installation. Proprietary specifications are often used in cases where there is existing equipment or installations already on site.
What are 5 methods of specification?
The following are common types of specification.Requirement Specifications. Documentation of a business need. ... Design Specifications. ... Material Specifications. ... Standard Specifications. ... Interface Specifications. ... Test Specifications. ... Performance Specifications. ... Quality Specifications.
What are examples of specifications?
The definition of a specification is a precise requirement, or a detailed description of workmanship, materials or processes. A mandate that only domestic plywood be used in the construction of your home is an example of a specification.
What are 5 specifications?
5 Types of Construction Specifications ExplainedPerformance specifications.Prescriptive specifications.Proprietary specifications.General specifications.Detailed specifications.
What is the difference between open and closed specifications?
An "open" specification allows products of any manufacturer to be used if the product meets the specifiedrequirements. In contrast, a "closed" specification restricts a product to a single manufacturer. A “closed” specification is generally prohibited.
What are the 3 types of construction?
The construction industry consists of three sectors: buildings, infrastructure and industrial. Residential and non- residential are the two main types of building construction.
What is the purpose of a specification in construction?
Specifications describe the products, materials, and work required by a construction contract. They do not include cost, quantity, or drawn information, and so need to be read alongside other information such as quantities, schedules, and drawings.
What are the 3 types of construction?
The construction industry consists of three sectors: buildings, infrastructure and industrial. Residential and non- residential are the two main types of building construction.
What are examples of specifications?
The definition of a specification is a precise requirement, or a detailed description of workmanship, materials or processes. A mandate that only domestic plywood be used in the construction of your home is an example of a specification.
What are the types of specifications in procurement?
There are commonly three different types of specifications: Functional, Performance and Technical.
What are specifications in a project?
A project specification is a document, used for successful project management, that defines the management plan of a project as a whole. It lists the needs, objectives, constraints, expected features, deadlines and budget as accurately as possible.
What is proprietary specification?
A specification which describes a product, material, assembly, or piece of equipment by its trade name and model number, rather than by a performance... Explanation of proprietary specification
Why are test results, proprietary specifications, and supplier's identity withheld?
Under the NDA, the test results, proprietary specifications, and supplier's identity will be withheld in order protect both parties' commercial interests.
What happens if you encounter a proprietary specification?
If you encountered a proprietary specification, whether on a Federal, New Jersey, or Pennsylvania contract, you need to act before the time of bidding or your claim may be barred by statute or waived. When and how that objection is lodged depends on the project and contracting authority. If the bids have been opened and a proprietary specification has resulted in you losing the award, the potential still exists to challenge the award but the burden could be higher. Therefore, understanding how to spot a proprietary specification and what the law is in the area is the best chance at successfully challenging it.
Why are proprietary specifications bad?
They limit competition because it limits the type of material that can be used on the project. In the example above, there could be equivalent air handlers available at a better price but the contractor could not use that lower priced product in its bid. Thus, the taxpayers end up paying more for tile. Also, contractors may not be able to secure a certain brand name product because of exclusive distribution agreements. Again using the example above, contractor A’s competitor may have the exclusive distribution agreement with Chiller Corp.
What federal regulations prohibit the use of proprietary specifications?
Most federal agencies prohibit proprietary specifications. For example, with limited exceptions, FHWA regulations prohibit contracting state transportation agencies receiving federal funds from requiring the use of a patented or proprietary material, specification, or process. Likewise, under FAR’s “Material and Workmanship Clause,” “ [r]eferences in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.”
How many manufacturers are required to be specified in a DGS?
DGS requires at least three (3) manufacturers of an available product to be specified, but bidders may use equal products/manufacturers as approved by the Professional, as per the General Conditions to the Construction Contract.”.
Is NJDOT a proprietary specification?
Many states have also banned proprietary specifications. In New Jersey (where I frequently practice), the Local Public Contracts Law bans local government agencies from using proprietary specifications. However, on NJDOT projects that do not receive federal funding, proprietary specifications are not per se prohibited.
When to use proprietary specs?
When the owner or client wants to be consistent with their materials or just prefers a specific type of material , use proprietary specs. Contractors use proprietary specs when their section of the project is dependent upon the performance of a specific product.
What are Construction Specifications?
Construction specifications, also called specs, are the details for the work that needs to be completed in a construction project. These details include information such as materials, the scope of work, installation process, and quality of work. Subcontractors and teams use these specs as a guide to choose the right materials for the specific project. The specs discussed between the project owner and the contractor become a part of the legal documents for the project.
What is performance specs?
Performance specs discuss the operational requirements of a project. It details what the final installed product has to be capable of doing. In this phase, the owner or general contractor doesn’t give a subcontractor specs detailing how to finish the job. Instead, designers and architects give contractors details on how the final product has to work in this phase. For example, a contract asks the team to make a pump that pumps 300 gallons per minute. There are no directions on how to make the pumping system go that fast, so it is up to the contractor to figure it out.
What are the three parts of a prescriptive specification?
Prescriptive specs can be broken up into three separate parts: general, products, and execution. General consists of information such as national quality standards, product handling, design requirements, and keeping quality control.
What to do if you have a proprietary specification?
If you are a contractor faced with a proprietary specification, your best bet is to bring it to the attention of the public owner before bids are due. You should demand the right to offer a substitute that is equivalent to the specified equipment and you should seek to have this substitute equipment accepted as equivalent in all respects. If this does not work, you should contact experienced counsel who can persuade the public owner of the error of its ways – that the proprietary specification is contrary to the spirit of public bidding and open and fair competition. Whatever it does, the contractor should not wait until after the bids have been submitted and opened. By then it may be too late.
What is the only court case in Pennsylvania dealing with proprietary specifications?
The only reported court decision in Pennsylvania dealing even remotely with proprietary specifications is Direnzo Coal Co. v. Dep’t of Gen. Servs., 825 A.2d 773 (Pa. Cmwlth. 2002). In Direnzo, the issue was whether the specified ash content of anthracite coal (12.6%) was unduly restrictive and limiting of competition. The court rejected the attempt to set aside the procurement, finding:
What is PA public contract?
PA Public Contracts provides legal commentary and insight on issues of public bidding and contracting in Pennsylvania, including topics ranging from the basics of public bidding, bid protests and challenges, to prompt payment rights and remedies, contract awards, and bid withdrawals, and including surety claims, release of retainage, and questions concerning the PA Prevailing Wage Act and the PA Steel Products Procurement Act.
What chapter is the Pennsylvania Department of General Services Procurement Handbook?
The Pennsylvania Department of General Services Procurement Handbook, Part I, Chapter 13, has this to say about “proprietary specifications”:
Is proprietary specification suspect?
As always, the answer is, “it depends,” although it is safe to say that all proprietary specifications should be viewed initially as inherently suspect and contrary to the spirit of public and competitive bidding.
Performance Specifications
A performance specification is a document that specifies the operational requirements of a component or installation. Simply put, a performance specification tells the contractor what the final installed product must be capable of doing.
Prescriptive Specifications
Prescriptive specifications convey the requirements of a project through a detailed explanation of the materials that the contractor must use, and the means of installing those materials. This type of specification will typically be formatted in a manner similar to the following sections:
Proprietary Specifications
Proprietary specifications are those that require the use of a single approved product type for any particular installation. Proprietary specifications are often used in cases where there is existing equipment or installations already on site.
Construction Specification Standards
Construction specifications used in the United States typically conform to the guidelines of the Construction Specifications Institute (CSI), who have created a specifications index entitled MasterFormat.
How to specify a product in a proprietary specification?
There are two ways to specify a product in a proprietary specification: closed or open. A closed proprietary specification names, describes, and lists a single product or system. The specification may list only one manufacturer or a product by one manufacturer, or it could list the single manufacturer or product and provide a list ...
What is closed proprietary specification?
Closed proprietary specifications name one product or several products that are allowed as options, but do not use substitutions. This provides the engineer and owner with complete control over the products, which can significantly decrease the time spent researching and reviewing products and manufacturers, and can allow for greater detail on product or system drawings. It also streamlines the development of the specifications, as simply naming a product using the manufacturer’s ordering code, or naming the product and describing the desired options, may be all that is required to complete Part 2 of the specification. The bid process is also simplified: Rather than researching and submitting products to the engineer for review, there is only one manufacturer or several manufacturers to contact for pricing, and the manufacturer typically well understands the client’s needs.
What are the four types of specifications?
Deciding among the four types of specifications —descriptive, performance, reference standard, and proprietary —and choosing how the specification is going to be written is only the first of many design decisions engineers make when starting to edit what will become a project specification, especially when specifying proprietary systems or products. There are two ways to specify a product in a proprietary specification: closed or open.
Do you need special requirements for an open specification that allows controlled substitution?
However, no special requirements are needed for an open specification that allows controlled substitutions since the requirements for submittal of a substitute product are addressed in Division 01.
