UFC 1-300-09N
25 May 2005
Change 1, 22 February 2006
Change 2, 4 December 2006
purpose. When a situation arises in which only a single product will perform the
required function, forward a request from the DOR to the Government Project Manager
or Design Manager, fully justifying the use of a sole source product. In addition to the
detailed justification, provide an estimate of the proprietary item in relation to the total
project contract cost. Use of proprietary items is prohibited unless formal written
approval is obtained from a Level One Contracting Officer.
If authorization is granted, specify the proprietary item by manufacturer's name and
catalog number, followed by the phrase: "notwithstanding any other provision of the
contract, no other product will be acceptable." This statement is necessary to override
the contract clause that permits substitution of any supposedly equal product unless
such language is used.
Any specification section that contains proprietary items must include a notice to that
effect on the first page of the section. Place the following above the section number
and title at the top of the first page of the section:
*************************************************************************************************************************************
This Specification Contains Proprietary Products.
************************************************************************************************************************************
The use of proprietary items has been the subject of many contract claims. Project
designers and specifiers must be aware of the restriction on the specification of
proprietary items and take special precautions to avoid their use unless formal written
approval is obtained.
5-3.5
"Or Equal" Specifications.
Specifying products by naming acceptable commercial products followed by the words
"or equal" is permitted under the following conditions:
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.
5-3.6
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
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