Common use of Alternatives or Equals Clause in Contracts

Alternatives or Equals. For convenience in designation on the plans or in the specifications, certain materials or equipment may be designated by a brand or trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as “designated by brand name.” Alternative material or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Proposer complies with the following requirements: (1) The Proposer shall submit its proposal to the Trustees for an alternative as an “equal” in writing no later than 35 Days after the award of the subcontract. In exceptional cases where the best interests of the Trustees so require, the Trustees may give written consent to a submittal or re-submittal received after the expiration of the time limit designated. The Proposer is responsible for a timely submittal of its proposed “or equal.” (2) No proposal will be considered unless accompanied by complete information necessary to permit determination of the equality of the offered materials or equipment. Samples shall be provided when requested by the Trustees. (3) The burden of proof as to the comparative quality and suitability of the offered materials or equipment shall be upon the Proposer. Where the material is specified by capacity or performance, the burden of proof shall be on the Proposer to show that any particular equipment or materials meet the minimum capacities or the performance requirements specified. Proposer shall furnish at its own expense all information necessary for a determination as to whether the minimum capacities or performance requirements will be met. The Trustees shall be the judge of such matters. If the Trustees reject the use of any alternative materials or equipment, then one of the products designated by brand name shall be furnished. If changes or delays are required for proper installation or fit of alternative materials, articles, or equipment, or because of deviations from Contract Documents, such changes or delays shall be made at the Licensee’s expense without recourse for reimbursement from the Trustees.

Alternatives or Equals. For convenience in designation on the plans or in the specifications, certain materials or equipment may be designated by a brand or trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as “designated by brand name.” Alternative material or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Proposer Contractor complies with the following requirements:requirements stated in this section. (1) 5.04.3.1 The Proposer Contractor shall submit its proposal to the Trustees Design Professional for an alternative as an “equal” in writing within the time limit designated in the Contract, or if not so designated, then within a period which will cause no later than 35 Days after delay in the award of the subcontractWork. In exceptional cases where the best interests of the Trustees University so requirerequires, the Trustees Design Professional may give written consent to a submittal or re-submittal resubmittal received after the expiration of the time limit designated. The Proposer is responsible for a timely submittal of its proposed “or equal.” (2) 5.04.3.2 No proposal will be considered unless accompanied by complete information necessary to permit a determination of the equality of the offered materials or equipment. Samples shall be provided when requested by the TrusteesDesign Professional and/or the University. (3) 5.04.3.3 The burden of proof as to proving the comparative quality and suitability of the offered materials or equipment shall be upon the ProposerContractor. Where the material is specified by capacity or performance, the burden of proof shall be on the Proposer Contractor to show that any particular equipment or materials meet the minimum capacities or the performance requirements specified. Proposer The Contractor shall furnish at its own expense all information necessary for a determination as to whether the minimum capacities or performance requirements will be met. Such information shall be submitted so as to not cause a delay in delivery and/or progress of the Work. The Trustees Design Professional and University shall be the judge of such matters. If the Trustees reject Design Professional or University rejects the use of any alternative materials or equipment, then one of the products designated by brand name shall be furnished. . 5.04.3.4 If changes or delays are required for proper installation or fit of alternative materials, articles, or equipment, or because of deviations from Contract Documents, such changes or delays shall be made at the LicenseeContractor’s expense without recourse for reimbursement from the TrusteesUniversity.