Closed vs. Proprietary specifications

[Andrés Pérez]

Hi,

While studying for section 1 using LAREprep (although this question may be relevant for section 4 too), I ran into this statement:

Closed and Proprietary Specifications:

Closed Specifications: require a specific item or system. It is used to ensure that only products of a particular type are used. 

Proprietary Specifications: a type of closed specs, they state what it is to be provided without any allowance for alternatives.

 

However, the description didn't make much sense to me, so I asked chat GPT and double-checked the response with other online sources (which were in the same line), stating basically the opposite.

In the construction industry, both closed and proprietary specifications refer to a type of specification that limits the selection of products or materials to a specific brand or supplier. However, there is a subtle difference between the two:

Closed specifications: These are specifications that specify a particular product or material by brand name, model, or part number, and do not allow for substitution of similar products or materials. This means that only the specified product or material can be used, and other similar products or materials cannot be considered even if they meet the same requirements.

Proprietary specifications: These are specifications that refer to a product or material by a brand name or by the name of a specific manufacturer, but allow for substitution with similar products or materials that meet the same requirements. This means that while the specification names a specific product or manufacturer, it is possible for other similar products or materials to be considered if they meet the same requirements.

In essence, the key difference between closed and proprietary specifications is whether or not substitutions are allowed. Closed specifications do not allow substitutions, while proprietary specifications do allow substitutions with products or materials that meet the same requirements.

Does anybody know for certain who is right?

[ADMIN]

Please don't waste your time vetting information from ChatGPT or random websites. Hinze page 164-165 answers your question directly and is a CLARB-approved source. Direct quote from that text:

"A closed specification requires a specific item or system. The purpose of this type of spec is to ensure that only products of a particular type are used. As a rule, this type of spec is more frequently found in the private sector because it is in principle not legal on public works projects. The reason for this is that a closed spec eliminates the chance for competition; that is, the express inclusion of one item implies the exclusion of all others"

"A proprietary specification is a type of closed specification. It specifically states what is to be provided without any allowance for alternatives. This is a unique type of a design specification. It is common for a proprietary specification to prescribe the use of a particular model of a particular manufacturer"

So according to Hinze, the LAREprep statement is correct.

Again, there is so much poorly sourced information on the internet and beyond that, the LARE is basically not an exam that is asking you to identify an objective truth, so much as it is asking you to regurgitate information from the texts. Lots of designers with years of "real world" experience have gotten tripped up on this fact.

[Andrés Pérez]

Of course I don't take ChatGPT seriously, but it led me to reliable sources, such as CSI: https://www.csiresources.org/blogs/kevin-obeirne-pe-fcsi-ccs-ccca-cdt1/2019/07/16/specifying-methods-proprietary-specifying-101

The Hinze book states the following. [comments in brackets are mine]. I highlighted the key sentences:

"A closed specification requires a specific item or system [this is true if closed is a subcategory under proprietary.  I don't know if you can have a closed spec without being proprietary.]. The purpose of this type of spec is to ensure that only products of a particular type are used. As a rule, this type of spec is more frequently found in the private sector because it is in principle not legal on public works projects. The reason for this is that a closed spec eliminates the chance for competition; that is, the express inclusion of one item implies the exclusion of all others". 

"A proprietary specification is a type of closed specification [the source above and others say the opposite, that "closed" is a subcategory under "proprietary"]. It specifically states what is to be provided without any allowance for alternatives [this is true for closed proprietary]. This is a unique type of a design specification. It is common for a proprietary specification to prescribe the use of a particular model of a particular manufacturer"

I am by no means a specialist in the matter, but I really think Hinze is the only source that defines it that way, that's why I put the question out there. Anyway, in any case it's more of a nerdy question, I don't think passing the exam will depend on this particular matter...

[Andrés Pérez]

Another interesting source, this is the facilities manual of the University of California system:

https://www.ucop.edu/construction-services/facilities-manual/volume-4/specifying-construction-products.html

[Andrés Pérez]

Based on a few sources, i have arrived to a conclusion that works for me. Specs can be, based on how they describe the materials and methods:

- Performance (or Design per Hinze)

- Prescriptive 

- Proprietary

But also, as a separate classification:

- Open: specs can be met with more than one manufacturer/product/brand

- Closed specs can only be met with one manufacturer/product/brand

In theory, all of the 3 types at the beginning can be either open or closed, but performance specs are generally open, and proprietary are generally closed. However, you can make a performance spec closed if you write performance goals that can only be achieved by one manufacturer, or you can make a proprietary spec open by adding an "or equal" sentence after the product/brand name. 

I find the wording at Hinze/LAREprep a little confusing in this area, but it's the approved literature. 

[ADMIN]

A design and performance specification are not the same thing. In short, a design specification provides detailed instructions that state how work will be conducted and what materials will be used to satisfy the requirement, whereas a performance specification only provides guidance related to the technical performance of a finished product. I'm pretty sure Hinze establishes that distinction in his text and honestly that is the only book you should be using to learn about specs for the LARE. If you NEED to read more on the subject, "Construction Specifications Writing" goes into more detail and is one of those books that likely should be on CLARB's reading list but isn't.

Just to re-iterate what I sent in a direct message to you, the internet, blogs, etc don't go through the editorial process that a book does (especially one selected by CLARB) so just stick with the recommended materials. There are very few instances (emergency access and traffic control plans come to mind) where you need to be looking at non-CLARB approved texts. And, like I mentioned, if you really dig deep into the recommended readings, you'll begin to notice that some of them actually contradict one another on certain topics (for example, the maximum size of drainage area that the Rational method can be used for), so adding more confusion from blogs, etc. really isn't going to help you.

[Andrés Pérez]

Sorry, I mis-wrote, I meant prescriptive = design. Thanks for your feedback!