Common use of Materials and Labor Clause in Contracts

Materials and Labor. (For construction contracts in the Canal area). 1. The equipment, materials, and articles to be incorporated into the work shall be new, of the best quality, and adequate for their intended use, unless otherwise specified in the contract. Any reference in the specifications concerning equipment, materials, items, or patented processes by trade name, manufacturer, or catalog number is for the purpose of establishing a standard of quality and shall not be construed as restricting full and open competition. The Contractor may use any equipment, material, article, or process that, in the opinion of the Contracting Officer, is equal to that specified. 2. The Contractor shall obtain the approval of the Contracting Officer for machinery, mechanical equipment, or any other type of equipment to be incorporated into the work. When requesting approval, the Contractor shall submit to the Contracting Officer the manufacturer’s name, model number, and other information concerning performance, capacity, nature, and category of the equipment in question. When so required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval for the material and articles that the Contractor plans to incorporate into the work. When requesting approval, the Contractor shall provide complete information concerning the material or article in question. When required, the Contractor shall submit samples for approval. The Contractor shall cover all costs related to the submission of such samples. All machinery, equipment, materials, and articles not duly approved and installed or used by the Contractor are under risk of a later rejection. 3. All work under this contract shall be performed in the best possible manner, using high quality standards and qualified personnel for each of the different phases of the work. The Contracting Officer may require, in writing, that the Contractor remove from the work site any employee the Contracting Officer considers incompetent, careless, or otherwise objectionable.