1. (a)

   1. (1) Specifications shall clearly define the quality, performance, and installation standards for the work and the conditions under which the work is to be executed.
   2. (2) They shall be in sufficient detail to describe the materials, equipment and supplies, and the methods of installation and construction.
   3. (3) Required tests and guarantees shall be indicated in the specifications.

2. (b)

   1. (1) Federal specifications, MILSPECS, United States Army Corps of Engineers specifications, and Arkansas Department of Transportation specifications often contain requirements or standards which are not applicable to state work.
   2. (2) Those specifications may contain requirements and options ranging from the lowest quality to the highest quality product, which must be carefully reviewed, selected, and identified in the specifications.
   3. (3) Therefore, it is recommended that all reference to these types of specifications be avoided.

3. (c)

   1. (1) Specifications shall be on eight and one-half inch by eleven inch (8 1/2” x 11”) sheets and bound into a project manual with bid sets preferably printed on both sides of the sheet.
   2. (2) Type print size shall be suitable for microfilming and shall not be smaller than twelve-point type size.
   3. (3) The table of contents pages, or index, shall be dated with the same date as the drawings and shall be sealed and signed by the appropriate design professionals.

4. (d) The project manual shall include but not be limited to:

   1. (1) Title of project and name of department;
   2. (2) Names, addresses, and phone and fax numbers of the design professional and all consultants;
   3. (3) An index of all contents;
   4. (4) Notice of invitation to bid;
   5. (5) Instructions to bidders;
   6. (6) Bid form;
   7. (7) The general conditions;
   8. (8) Supplemental general conditions (if applicable);
   9. (9) Contract between owner and contractor;
   10. (10) Workers’ compensation insurance certificate;
   11. (11) Standard performance and payment bond;
   12. (12) List of drawings;
   13. (13) Other Division Zero (0) requirements, as appropriate;

   14. (14)

       1. (A) Technical specifications (Divisions 1 – 49 applicable sections).
       2. (B)

5. (i) Technical specifications sections shall be numbered with appropriate six-digit section numbers corresponding to the CSI numbering system.

   1. (ii) The preferred paragraph numbering system format is the alpha numeric format.

      1. (C) Technical sections shall be subdivided into the Part I-General, Part II-Products, and Part III-Execution format; and

   2. (15)

      1. (A) Appendices containing Soils Report, Asbestos Report, or other information pertinent to the project but not a part of the work.
      2. (B) Such material should be noted as “INFORMATION ONLY”, for use by the contractor as he or she deems appropriate.

6. (e) The four (4) types of specifications used on state projects are:

   1. (1) Performance specifications;
   2. (2) Nonproprietary specifications;
   3. (3) Proprietary specifications; and
   4. (4) Sole source specifications.

7. (f)

   1. (1) Performance specification or nonproprietary formats are the preferred methods of specifying:

      1. (A) Materials;
      2. (B) Equipment; and
      3. (C) Systems.

   2. (2) A nonproprietary specification shall be written either as:

      1. (A) A generic performance specification (preferred); or
      2. (B) A specification naming a minimum of three (3) manufacturers with model or series numbers.

   3. (3) The following describes the Building Authority Division requirements for performance specifications and nonproprietary specifications:

      1. (A)

         1. (i) A generic performance specification must be written to describe the required characteristics, performance standards, capacities, quality, size or dimensions, and the like of the item or system.
         2. (ii) The specifications must be written with sufficient detail to allow manufacturers to determine if their product meets the requirements of the project.
         3. (iii) Include only the salient features that will be used to judge a product’s acceptability for the project.
         4. (iv) The performance specification shall not name manufacturers or brand name products;

      2. (B)

         1. (i) A nonproprietary specification may be based on a manufacturer/model number type specification and must list at least three (3) manufacturers with their respective model numbers.
         2. (ii) Each of the listed manufacturers/model numbers must have been determined by the design professional to meet the specifications and be acceptable.
         3. (iii) If a named manufacturer prepackages or preassembles its item or system, the model number shall be specified.
         4. (iv) If the named manufacturer custom builds the item or system, naming of model numbers is not required.
         5. (v) When model numbers are used in a specification, be aware that each number and letter may be a unique identifier for various features of that manufacturer’s product line.
         6. (vi) Avoid listing model long numbers.
         7. (vii) Limit the model number to the point necessary to describe the appropriate series of products and describe the unique product characteristics in the body of the specification or the schedules; and

      3. (C)

         1. (i) The nonproprietary specification must describe the required characteristics, performance standards, and capacities that will be used to determine equal products.
         2. (ii) Do not specify extraneous characteristics that do not relate to the product’s performance or suitability for the project.
         3. (iii) The specification shall not be contrived to benefit or exclude any of the manufacturers listed over another.
         4. (iv) If only two (2) acceptable manufacturers can be found and documented by model number, but other equal products are acceptable if found by the bidder, the design professional may list only those two (2) manufacturers and the phrase “or equal”.
         5. (v) If the phrase “or equal” is used, the design professional may only reject the unnamed substitute if there is clear evidence of noncompliance in the submittal information presented for review or documented evidence that the substitute product or material has failed to perform satisfactorily as intended.

8. (g)

   1. (1) A specification is proprietary if it fails to meet requirements of a generic specification or a nonproprietary specification.
   2. (2) Although a proprietary specification should be avoided because it restricts competition, circumstances such as space limitations, mandatory performance standards, compatibility with an existing system, and the like may leave no other reasonable choice.

   3. (3) Two (2) typical situations that may require proprietary specifications are:

      1. (A) When only two (2) manufacturers or suppliers provide an acceptable product or system when there are no equals and when no substitutions are allowed; or
      2. (B) When only one (1) manufacturer is available, but two (2) or more vendors or suppliers can purchase the material and compete to provide the product or system to contractors or bidders.

9. (h)

   1. (1) A specification is sole source when it:

      1. (A) Names only one (1) manufacturer or product to the exclusion of others; or
      2. (B) Is contrived so that only one (1) manufacturer, product, or supplier can satisfy the specification.

   2. (2) A product or piece of equipment that is available only through a single franchised vendor is also considered to be a sole source item.

      1. (i)

   3. (1) Proprietary and sole source specifications may be used only when the department has determined that:

      1. (A) A proprietary or sole source specification is in the best interest of the state; and
      2. (B) Use of alternate materials or equipment will be cost prohibitive.

   4. (2) When a sole source specification is used:

      1. (A) The specification shall clearly identify the materials or equipment as a proprietary or sole source item; and
      2. (B) The approved supplier or installer and a cost allowance shall be allocated in the appropriate section for allowances in the project manual.
   5. (3) In this manner, all bidders will have equal pricing for all allowance items within their bid price.
   6. (4) For projects awarded by summation of unit pricing, the item or items may be shown as a unit price line item without the allowed cost shown.

   7. (5) The agency shall:

      1. (A) Incorporate the proprietary or sole vendor’s/supplier’s pricing based on the final construction drawings into the allowance item; and
      2. (B) Retain a copy of the vendor’s/supplier’s price proposal for the item for record.
   8. (6) To ensure that accurate cost accounting of allowances is maintained, adjustments in the allowance cost during the construction phase shall be by individual line items matching the allowance schedule.
   9. (7) Combining multiple allowance items into a single price or lumping allowance adjustments into a single pricing with other items is prohibited.
   10. (8) It is acceptable and appropriate to include allowance adjustments with other cost items in a single change order provided that supporting documentation is attached to delineate the allowance adjustments.

10. (j)

    1. (1) Prior to advertising the project for bids that contain sole source specifications, the department is encouraged to either procure the sole source item and specify it as owner furnished/contractor installed or the department may preselect a sole source item through a competitive life cycle cost request for proposals (RFP).

    2. (2) The product having the lowest life cycle cost shall be:

       1. (A) Selected; and

       2. (B) Included in the specification as an allowance cost item listing the:

          1. (i) Manufacturer;
          2. (ii) Product number;
          3. (iii) Allowance price;
          4. (iv) Vendor contact name, address, and phone number; and
          5. (v) Manufacturer’s quote number.
    3. (3) The specifications shall clearly indicate that the specified product was selected based on a life cycle cost analysis.

11. (k)

    1. (1) The use of standardized specifications or “guide specs” as a basis or resource for editing has many advantages for the:

       1. (A) Design professional;
       2. (B) Reviewer; and
       3. (C) Contractor.
    2. (2) The design professional shall edit the guide specifications to include only the materials, requirements, and procedures applicable to the project.
    3. (3) Specifications which are submitted without editing will be rejected as an incomplete submittal.
    4. (4) Where military guide specifications are used on a project, they shall be edited to delete references to military and federal specifications.
    5. (5) References to the contracting officer shall be changed to the department.

    6. (6) Also, requirements for tests, inspections, and visits to the manufacturer’s plant, and the like which are not normally required for state projects shall be deleted.

       1. (l)
    7. (1) The design professional shall not require samples, shop drawings, or similar materials to be submitted for approval prior to receipt of bids without the specific written approval of the Design Review Section.

    8. (2) The specifications must contain sufficient information to describe to the contractor and bidders the performance and quality standards that will be used to evaluate the submittals.

       1. (m)
    9. (1) Complex or sensitive systems such as locking systems, detention equipment, and security control systems for prisons often require manufacturers with a proven history of reliable, operable equipment in special situations with minimal malfunctions.
    10. (2) In these instances, sole source or proprietary specifications may be appropriate.

12. (n)

    1. (1) Projects for the state are not testing grounds for new types of materials or equipment.
    2. (2) However, the fact that a material is newly developed does not preclude its use if documentation of recognized, independent laboratory tests clearly shows that the material will meet the applicable requirements for the project.
    3. (3) The department shall submit a written request and justification to the Design Review Section for approval to specify a new product or material prior to the final plan review submittal.
    4. (4) Unless the manufacturer of a new product furnishes factual data sufficient to evaluate the product, it should not be considered for use.
    5. (5) If a new product is considered for use, a competitive-type specification should be written to ensure that a competitive, good quality product will be obtained.
    6. (6) In instances where competitive specifications are not appropriate, a sole source or proprietary specification may be appropriate.
    7. (7) The department, with the approval of the Building Authority Division, may authorize use of a new material, equipment, or system for a particular project on a trial basis for observation or evaluation.

13. (o)

    1. (1) Specifications must clearly indicate the requirements for the project.
    2. (2) Words or phrases which are vague or may be interpreted more than one (1) way often lead to problems during bidding or construction and result in change orders or claims.

    3. (3) The following instructions are intended to reduce common errors and conflicts evolving from interpretations of the specifications:

       1. (A)

          1. (i) Under “Requirements”, do not say, “the work consists of”.
          2. (ii) Drawings should show the entire scope of the work.
          3. (iii) If necessary to list certain parts, say, “Generally, the work includes…”;
       2. (B) In lieu of reference to the accompanying drawings, use the words “as shown”, “as indicated”, “as detailed”, “as approved by”, “as directed by”, or “as permitted by”;

       3. (C)

          1. (i) The contractor is responsible for determining the packages of work for each subcontract.
          2. (ii) It is acceptable to specify certain specialty work be performed by a person qualified, certified, or licensed (if appropriate) and experienced in this type of work.
          3. (iii) If it is necessary to reference a specific trade group, it may be referred to as that group or trade by the CSI division number or section number, i.e., “Division 26” for electrical work instead of “electrical subcontractor” or “Section 283100-Fire Detection and Alarm” instead of “fire alarm contractor”;

       4. (D)

          1. (i) Do not use “etc.”.
          2. (ii) This term is too indefinite for bidding and inspection purposes;

       5. (E)

          1. (i) Minimize the use of cross-references and in no case use paragraph numbers for this purpose.
          2. (ii) If it is necessary to refer to a particular paragraph, do so by its section number and title (e.g., Section 03 30 00, Cast-in-Place Concrete);

       6. (F)

          1. (i) Do not include a paragraph in the various sections entitled “Work not Included”.
          2. (ii) Describe only the work that is included under the respective sections;

       7. (G)

          1. (i) Specifications should clearly delineate air conditioning ducts, heating ducts, and piping systems which require insulation.
          2. (ii) The phrase “insulating all ducts except in conditioned spaces” has resulted in differences of opinion and claim situations.
          3. (iii) All duct systems should be appropriately designated as supply, exhaust, outside air intake, transfer, relief, or return and further clarified by stating insulating requirements;

       8. (H)

          1. (i) Do not confuse “any” and “all”.
          2. (ii) “Correct any defects” should read “Correct all defects”.

       9. (I)

          1. (i) Do not confuse “either” or “both”, e.g., “Paint sheet metal on either side” should read “Paint sheet metal on both sides”.
          2. (ii) “Either” implies a choice;

       10. (J)

           1. (i) Do not confuse “or” and “and”, e.g., “The equipment shall not have defects in workmanship and material”.
           2. (ii) The use of “and” in this sentence indicates both requirements must be met, e.g., “Additives that decrease strength or durability are not permitted”;

       11. (K)

           1. (i) Do not use “and/or”.
           2. (ii) The courts have considered this phrase to be intentionally ambiguous and, therefore, claims are often rendered in favor of the contractor;

       12. (L)

           1. (i) Use statements that are definite and contain no ambiguous words and phrases.
           2. (ii)
14. (a) (a) “Remove” implies to take away from its current location.

15. (b) (b) If “remove” is used, the design professional must also indicate whether to dispose of, salvage, or reinstall the material removed.

    1. (iii)
16. (a) (a) “Reinstall” implies putting the existing material back in the indicated place.

17. (b) (b) If “reinstall” is used, the design professional must also indicate that the contractor must carefully remove the item, properly store it, and then reinstall the item at the appropriate time.

    1. (iv) “Replace” implies the removal of old material and furnishing and installing new material.

       1. (v) The preferred wording would be “remove” and “provide”;

       2. (M)

          1. (i) “Provide” is defined as furnish and install.
          2. (ii) When material or equipment is furnished by the department directly or under other contracts for installation by the contractor, the term “install” should be used.
          3. (iii) However, the contractor may be required to provide foundations, fastenings, and the like for the installation.
          4. (iv) If the word “install” is used alone, the bidder or contractor has a right to assume, on the basis of the definition cited, that the department will furnish the materials in question;

       3. (N)

          1. (i) Do not include equipment schedules in the specifications.
          2. (ii) Equipment schedules should be provided on the plans for quick access and review.
          3. (iii) The construction record prints are often used by the building maintenance and operation personnel daily.
          4. (iv) Having the equipment schedule information readily available on the plans can save critical time and avoid confusion during an operational emergency or repair; and

       4. (O)

          1. (i) Ensure that the plans and specifications do not contain statements or requirements similar to the following: “[Contractor][Supplier][Installer] must have a minimum of X-years of experience in [installation][manufacture] of the specified [project][product] or must have [office][facilities] located within X-miles of the project site”.
          2. (ii) These types of statements can be construed to unfairly limit competition in the procurement of state-funded projects by unnecessarily excluding some Arkansas providers and can result in bid protest which may result in lengthy delays in award of the project or rejection of all bids, necessitating rebidding and/or redesign of the project.
          3. (iii) This prohibition will not negate the use of LEED MR Credit 5 for regional materials as this credit allows materials or products that have been extracted, harvested, or recovered, as well as manufactured, within five hundred (500) miles of the project site.
          4. (iv) This range encompasses the entire state of Arkansas regardless of project locations so no Arkansas manufacturer or provider will be excluded by this requirement.

Codification Notes: "CSI" means Construction Specification Institute. "LEED MR" means Leadership in Energy and Environmental Design Material Resources.