UCSB POLICIES AND PROCEDURES Contracting Services

DESIGN & CONSTRUCTION SERVICES PHYSICAL FACILITIES

SPECIFYING CONSTRUCTION PRODUCTS Contract Forms, Division 1 and Specifications

SPECIFYING CONSTRUCTION PRODUCTS

(Refer to UCOP Facilities Manual [I]:4.6.5)

The four methods of specifying construction products are:

1. 2. 3. 4. Descriptive Performance Reference Standards Proprietary

For a discussion of the four methods, see Construction Specifications Institute's Manual of Practice. The University has elected to follow Section 3400 of the Public Contract Code which requires the use of nonrestrictive (open) specifications. Nonrestrictive specifications use one or more of the four methods written in such a manner as to make the specification "open". A "closed" specification limits a product to a single manufacturer or group of manufacturers. This type of specification is generally prohibited by the Code. An "open" specification allows products of any manufacturer to be used if the product meets the specified requirements. Examples and discussion of the four specification methods and their nonrestrictive specifying application follow.

Descriptive Specifications
A descriptive specification provides a written detail of a products properties without the use of trade or brand names. Example: 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. The above descriptive specification is "open." However, a descriptive specification drafted to limit the product choice to one brand or a limited number of brands is "closed". Simply copying a manufacturer's descriptive specification would probably produce a "closed" descriptive specification.

Performance Specifications
Performance specifications set forth the ends to be achieved, not the means of achieving the desired result. Example: Exhaust fan performance. Capacity of 500 CFM against a static pressure of 0.5 inches of water column.

Specifying Construction Products July 10, 2001 from FM RD 1-4

1 of 3

UCSB POLICIES AND PROCEDURES Contracting Services

DESIGN & CONSTRUCTION SERVICES PHYSICAL FACILITIES

SPECIFYING CONSTRUCTION PRODUCTS Contract Forms, Division 1 and Specifications

This type of specification is "closed" when the specifier uses the performance standards of a single manufacturer and no one else can meet those standards.

Reference Standards
Reference standards specify standards such as ASTM, State of California, Federal, etc. The various manufacturers must meet these standards. Example: Portland Cement: Conform to ASTM C150, Type I or Type II, low alkali. Maximum total alkali shall not exceed 0.6 percent. This type of specification is "closed" when some requirement of a standard limits competition by referencing certain subcontractors or manufacturers.

Proprietary Specifications
Proprietary specifications identify the desired product by manufacturer, brand name, model or type designation, or important characteristics. Example: Floor tiles shall be "Contempo" as manufactured by Kentile Corp. A proprietary specification is allowed only under the conditions listed in Volume 4, Chapter 1 Approval of Materials. Also see paragraph 5.b.(3) below. Proprietary specifications can be made "open" by adding the phrase "or equal" as described in paragraph 5, Nonrestrictive specifications.

Nonrestrictive Specifications
Nonrestrictive specifications are "open" specifications; the type required by the Public Contract Code. Descriptive, Proprietary, Reference Standards or Performance Specifications or combinations of such methods, are written in such a manner as not to limit competition. Descriptive and performance specifications are made nonrestrictive (open) by making certain the description or performance requirements do not refer to manufacturers or trade names or do not use the description or performance requirements of a single manufacturer or subcontractor. a) 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". b) Long Form Specification Section 01630 Product Options and Substitutions, defines "or equal". Example: Globe Valves: All bronze, union bonnet, Walworth No. 95 or 96; Kennedy Fig. 89 or 90; Crane No. 7 or 17, or equal. Example: Waterproof Glue: Polyvinyl acetate emulsion with 55% solids. "Wilhold" manufactured by Acorn Adhesives; "Weldwood" manufactured by U.S. Plywood; or equal.

Specifying Construction Products July 10, 2001 from FM RD 1-4

2 of 3

UCSB POLICIES AND PROCEDURES Contracting Services

DESIGN & CONSTRUCTION SERVICES PHYSICAL FACILITIES

SPECIFYING CONSTRUCTION PRODUCTS Contract Forms, Division 1 and Specifications

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: Thermometers shall be J.P. Marsh type 59, Bristol, or equal. Example: Thermometers shall be J.P. Marsh type 59, equivalent Bristol, or equal. 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 University'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 University's Representative has to approve the second brand, time delays may result, and there will usually be a disagreement with Contractor if the proposed substitution is rejected as not being equal. 3. The Facilities Manual explains the exceptions to specifying two brands. See Cover Sheet and Instructions, FM4[II], Specifications, Divisions 2-16. 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. 2. Use of a unique product is approved by the Office of the President. 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 this question: Can a restricted specification be justified? Be aware that "to match existing" is limited to situations which truly must match for some valid purpose (i.e., the light fixture in a closed office does not have to match that in entryway). c) A combination of descriptive and proprietary methods may be used. Example: 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, (no known equal).

Specifying Construction Products July 10, 2001 from FM RD 1-4

3 of 3