Thanks for the responses…I work for the GC, for a DCS project State Of CT.
@CSI - I agree BOD can be a great tool for both designer and contractor, personally it makes my job (GC) easier. Typically, Ill use the first listed manufacturer or most commonly used manufacturer. But until now Ive never seen a single manufacturer listed without the “or equal” for public work.
@Wayne… The cases you pulled up are exactly what I was looking for. Although, not the answer I was hoping for. HAHA.
There are instances where a single manufacturer can be listed without “or equal” if you have an instance where an institutional standard is being maintained (even on public work). The ruling Wayne mentioned is an example of legal justification for this type of practice.
We do a great deal of institutional public work and it is not uncommon that we will single source a product for a small project if it is maintaining a standard. Do you really serve the taxpayer if you have an institution with 1,200 LCN 4040 closers and now has one Norton 1600 closer that saved them 12 dollars?
Of course what you can and should do depends on where you practice and who your clients are.
I believe the most common example is the use of Best locks, and I believe the law supports sole sourcing in the instance where a standard is being maintained for the Owner’s convenience.
For state work in Virginia, Basis of Design is limited to drawing details. When a particular manufacturers product is indicated as the basis for design and detail, the following statement shall be placed on the drawing with appropriate noting/references:
The design [detail] [section] shown is based on [manufacturer and model] equipment and is intended only to show the general size, configuration, location, connections and support for equipment or systems specified with relation to the other building systems. See specification Section [xxx] for technical requirements pertaining to the equipment.
If a Contractor wants to use a piece of equipment by another manufacturer, he is responsible for making necessary adjustments, such as rerouting the piping, modifying the supports, etc. The A/E is still responsible for making sure the sizing of detailed piping, wiring, supports, etc. are adequate for the 3 or more manufacturers & model numbers listed in the specs for that piece of equipment .
Lorman Education is giving a webinar on this topic April 30th. Mark Kalin is the presenter.
Yes, there’s a Lorman Seminar on ‘Basis-of-Design Specs’ - Glad to share the powerpoint after the session is given. In public bidding, a user agency can ask for a proprietary product if they have an acceptable reason. Some architects included BOD as they have an obligation to find at least one product that meets code and performance requirements. One architect rejected their own BOD spec indicating that the BOD product was only intended for pricing, not that it would always be acceptable. Where are the spec police when you need them?
Mark,
Well said. Those spec police are on every corner when my metaphors are weaving, but they’re never there when the contractor side-swipes me and I end up in the ditch.