25 May 2005
Change 1, 22 February 2006
Change 2, 4 December 2006
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
Specifying New Items.
From time-to-time, requests are made to consider the use of materials that are relatively
new. While NAVFAC encourages innovative solutions, 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
Most manufacturers will furnish all requested information about a product and answer all
reasonable questions. The manufacturer may also provide a suggested, competitive,
generic type specification section that may be edited for the project. If there are not two
or more manufacturers or suppliers capable of supplying the product specified, the
product must be considered proprietary, and approval sought for its use in accordance
with paragraph "Proprietary Specifications".
COORDINATION OF SPECIFICATIONS AND DRAWINGS.
FAR 52-236-21, Specifications and Drawings for Construction states: "Where 'as
shown', 'as indicated', 'as detailed', or words of similar import are used, the reference is
made to the drawings accompanying this contract unless stated otherwise."
Refer to FAR 52-236-21. In general, treat anything mentioned in the specifications but
not shown on the drawings or shown on the drawings but not included in the
specifications as if shown or mentioned in both. In the case of discrepancies between
the drawings and specifications, the specifications take precedence. Order of