Example 1: Residential Entry Doors
Example 1: Residential Entry Doors
These specifications are written in such a manner as to not limit competition, directly or indirectly, to any
one specific concern. It allows products of any manufacturer to be used if the product meets the specified
requirements.
Residential entry doors shall be solid core, insulated, six panel doors of type Sta-Tru Plus as
manufactured by the Stanley Works Inc. of New Britain, CT, or equal. Residential entry doors
shall have the following characteristics:
EXAMPLE 2: SAND
Sand: Clean, washed, sharp, durable natural particles, free from soluble salts or organic
impurities. Sand for grouting shall be screened to pass a 30-mesh sieve with not more than 5%
passing a 100-mesh screen.
Proprietary specifications may be made nonrestrictive (open) by using brand or trade names with specific
model numbers or styles to show the quality desired; followed by the phrase “or equal.” Long Form
Section 01630, Product Options and Substitutions, defines “or equal.”
Globe Valves: All bronze, union bonnet, Walworth No. 95 or 96; Kennedy Fig. 89 or 90; Crane
No. 7 or 17, or equal.
Waterproof Glue: Polyvinyl acetate emulsion with 55% solids. “Wilhold” manufactured by
Acorn Adhesives; “Weldwood” manufactured by U.S. Plywood; or equal.
(1) At least two brand names of comparable quality or utility must be listed.
(2) Specifiers may use a format listing two brand names with only one model number.
EXAMPLE 5: THERMOMETERS
If this format is used, the following conditions result. (a) The bidders are informed of only one
brand that they know will be accepted. (b) The second named brands’ model must be determined
by the bidder and approved by the Owner’s Representative after the contract is let. Studies have
shown the bidder will usually select the first brand; thus, competition is reduced and the bid may
be increased. (c) Since the Owner’s Representative has to approve the second brand, time delays
may result. (d) After award, the Owner’s Representative may have trouble requiring the Owner’s
Representative’s choice of a certain model number for the second brand to be used.
The Facilities Manual clearly explains the exceptions to specifying two brands (Volume 4, Chapter 1).
However, there seems to be much confusion over these exceptions. The following explanation should
help.
(a) Naming only one brand followed by “or equal” is permissible if the specifier knows of only one brand
that will satisfy the use. The phrase, “No known equal” should follow the specification.
(b) Naming only one brand not followed by “or equal” is allowed only under the following
circumstances.
1) The product is to match an existing installation, such as, “Locks, floor surfaces.” Terms such
as, “Convenience for maintenance,” “the vendor gives us good service,” are not valid reasons.
These terms frequently appear in specifications. The phrase, “To match existing” should follow
the specification.
3) Use of an experimental product is approved by The Regents. An easy way to determine the
valid use of items (a), (b)1), (b)2), or (b)3) is to ask yourself the questions: Can I justify the
specification at an Arbitration Hearing? Will I be able to honestly answer a question directed at
me by a contractor or an attorney representing a contractor?
Portland Cement: Conform to ASTM C150, Type I or Type II, low alkali. Maximum total alkali shall not
exceed 0.6 percent.
Exhaust fan performance. Rated for continuous operation at capacity of 500 CFM against a static
pressure of 0.5 inches of water column and temperature of 50 deg. C.
Door louvers shall be aluminum Type NL-138 with push frame both sides of door, primed finish, as
manufactured by Construction Specialties, Inc., Aerolite, Co., or equal.
1. When specifying a product by brand or trade name and model or style designation, a specifier
may list only one brand or trade name and model or style designation followed by the phrase “or
equal.” A specifier is only required to name an additional product if the specifying agency is aware
of an equal product manufactured in California.
2. If a specifier lists multiple brand names with corresponding model or style designations followed
by the phrase “or equal”, the following conditions apply:
1. The bidders are informed of multiple products (i.e. brand names and models) that they
know will be accepted by University.
2. The additional cost, if any, of using the other than first-named product must be borne by
the bidder. Such costs include without limitation the costs of redesign since the design is based
on the first-named product.
3. Since the University's Representative must review and approve submittals for other than
the first-named product, time delays may result if Contractor elects to use other than first-named
product.
Limited exceptions: Naming brand(s) NOT followed by the phrase "or equal" is allowed only under
the following limited circumstances:
1. In order to match other products in use at an existing installation, such as, "to match existing”
lock cylinders or floor surfaces. Terms such as, "Convenience for maintenance," "the vendor
gives us good service", etc. should not appear in specifications. Generally speaking, it is
acceptable to match existing where a project consists of a remodel or expansion of an existing
structure (e.g. new light fixtures could match existing to retain an “art deco” look throughout an
existing building, or the expansion of an existing building). Legal advice should be sought from
the Office of General Counsel if the Facility seeks to utilize the “match existing” exception to
match products in buildings that are not part of the project (e.g. to establish a campus standard for
elevator manufacturers). The specification of a product using this exception must include the
following phrase, "…to match existing {____________}".
OR
2. In order to obtain a necessary item that is only available from one source. The sole source
product must be approved in writing at least one level above the project manager as determined
by a Facility’s policy and delegations. If approved, the specification of a sole source product
using this exception must include the following sentence following the product designation: “This
is a necessary item, that is only available from the listed source, and no other product shall be
furnished.”