Lawrence Berkeley National Laboratory

Facilities Division - Design & Construction

RD7.9 SPECIFYING CONSTRUCTION PROJECTS

The four methods of specifying construction products are:

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

For a discussion of the four methods, see CSI Manual of Practice, Part II- Specification
Writing Techniques, Chapter 2, Methods of Specifying.

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.

1. A Descriptive Specification provides a written detail of a products properties without

the use of trade or brand names.

Ex: 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.

2. Performance specifications set forth the ends to be achieved, not the means of
achieving the desired result.

Ex: Exhaust fan performance. Capacity of 500 CFM against a static pressure of 0.5
inches of water column. 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.

3. Reference standards specify standards such as ASTM, State of California, Federal,

etc. The various manufacturers must meet these standards.

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Lawrence Berkeley National Laboratory
Facilities Division - Design & Construction

Ex: 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.

4. Proprietary specifications identify the desired product by manufacturer, brand name,

model or type designation, or important characteristics.

Ex: 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.c(2) below.

Proprietary specifications can be made “open” by adding the phrase “or equal”
as described in paragraph 5 - Nonrestrictive specifications.

5. Nonrestrictive specifications are “open” specifications; the type required by the Code.
Descriptive, Proprietary, Reference Standards or Performance Specifications or
combinations of such methods, are written in such a manner as not to limit
competition.

a. 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.

b. 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.”

Ex: Globe Valves: All bronze, union bonnet, Walworth No. 95 or 96; Kennedy
Fig. 89 or 90; Crane No. 7 or 17, or equal.

Ex: 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.

Ex: Thermometers shall be J.P. Marsh type 59, Bristol, or equal.

Ex: Thermometers shall be J.P. Marsh type 59, equivalent Bristol, or

equal.
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Lawrence Berkeley National Laboratory
Facilities Division - Design & Construction

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.

(3) 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.

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 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?

(c) A combination of descriptive and proprietary methods may be used.

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Lawrence Berkeley National Laboratory
Facilities Division - Design & Construction

Ex: 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.

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