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Posted on Monday, June 20, 2022 - 12:08 pm:   Edit PostDelete PostPrint Post

Is it acceptable or even legal to exclude specific manufacturers? For example, in the listing of acceptable manufacturers in Section 061000 Rough Carpentry, would the following statement be out of line? "Products from ACME Rainforest Clearcutting Lumber Company shall not be accepted." Does this open the project team up to potential litigation? Is there a more constructive way to accomplish the same goal?
Nathan Woods, CSI, CCCA, LEED AP
Senior Member
Username: nwoods

Post Number: 858
Registered: 08-2005

Posted on Monday, June 20, 2022 - 12:43 pm:   Edit PostDelete PostPrint Post

Privately funded, Yes. Publically funded, probably not, unless the public agency has a formal mortoriam against a company. Just list basis of design mfr, list a few acceptable alternates, and then if they try to submit from ACME, require a full substitution request, which gives you an opportunity to decline it, as long as you have a justifiable reason beyond "we don't like them". You need to be able to demonstrate in which way they are not equal to your basis of design.
ken hercenberg
Senior Member
Username: khercenberg

Post Number: 1473
Registered: 12-2006

Posted on Monday, June 20, 2022 - 12:56 pm:   Edit PostDelete PostPrint Post

Keep in mind that in a case like the one you chose to use as an example, you can include requirements that you know may exclude a supplier, such as FSC certification or EPD/HPD submittals if trying to limit suppliers to environmentally sensitive companies.

Realistically it is all too easy to create a locked proprietary specification without ever naming a product.

You can also list one or more products and manufacturers with the caveat "No substitutions." for privately funded projects. You can even do it for publicly funded projects but it may take an act of Congress.

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