UFC 1-300-09N
25 May 2005
Change 1, 22 February 2006
Change 2, 4 December 2006
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. 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.
When adding an experience clause to the UFGS or RFP, obtain approval of a Level
One Contracting Officer.
5-3.7
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.
5-3.8
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.
5-3.9
Contract Parties.
Do not designate part of the work to be performed by a particular subcontractor (e.g.,
the plumbing contractor) in constructing the project, except for some specific instances.
The Government recognizes only one Contractor (the prime or general contractor) and it
is the Contractor's responsibility to divide up the work.
5-3.10
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.
5-3.11
Contractor Direction.
14