Or Equal. Items: If in Architect's and/or Owner’s discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Architect as an "or‐equal" item, in which case review and approval of the proposed item may, in Architect's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if:
Or Equal. Clause
8.1 Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment or other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval.
Or Equal. Wherever in any of the Contract Documents an article, material or equipment is defined by using the name of a manufacturer or vender, the term "Or Equal" or the term "The Equivalent" is done for the express purpose of establishing a basis of durability and efficiency and not for the purpose of limiting completion. Whenever material or equipment is submitted for approval as being equal to that specified, the submittal shall include sufficient information and data to demonstrate that the material or equipment conforms to the Contract requirements. The decision as to whether or not such material or equipment is equal to that specified shall be made by the city of Franklin Engineer or his/her representative. The approval by the ADMINISTRATOR of alternate material or equipment as being equivalent to that specified, shall not in any way relieve CONTRACTOR of responsibility for failure of the material or equipment due to faulty design, material, or workmanship, to perform the function required by the Contract Documents.
Or Equal. Whenever in any of the Contract documents, any Section, materials, or equipment is defined by describing a proprietary product or by using the name of a manufacturer or vendor, the term, "or equal" if not inserted, will be implied. The specific Section, material or equipment mentioned will be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and will not be construed in such a manner as to exclude manufacturer's products of comparable quality, design, and efficiency. Where a product is mentioned by the name of a manufacturer or vendor in the Contract, Delta-T will identify to Owner the names of any products to be used in lieu of the ones named in the documents prior to awarding a purchase order. Owner shall have the right to reject any substituted product upon ten (10) business days written notice to Delta-T, unless such product is critical to the successful completion of the Work, or is the only product available that is suitable for the purpose for which it is intended.
Or Equal. In all Bid Specifications the words “or equal” are understood to apply where a copyrighted, brand name, trade name, catalog reference, or patented Product is referenced. References to such specific Product are intended as descriptive, not restrictive, unless otherwise stated. Comparable Product will be considered if proof of compatibility is provided, including appropriate catalog excerpts, descriptive literature, specifications and test data, etc. The Commissioner’s decision as to acceptance of the Product as equal shall be final.
Or Equal. Whenever in any of the Contract, any Section, materials, or equipment is defined by describing a proprietary product or by using the name of a manufacturer or vendor, the term, “or equal” if not inserted, will be implied. The specific Section, material or equipment mentioned will be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and will not be construed in such a manner as to exclude manufacturer’s products of comparable quality, design, and efficiency. Where a product is mentioned by the name of a manufacturer or vendor in the Contract, Xxxxxx Mechanical will identify to Owner the names of any products to be used in lieu of the ones named in the documents prior to awarding a purchase order. Owner shall have the right to reject any substituted product upon five (5) days written notice to Xxxxxx Mechanical, unless such product is critical to the successful completion of the Work, or is the only product available that is suitable for the purpose for which it is intended.
Or Equal. The use of the words “Or Equal” following the name of any manufacturer, vendor or proprietary product shall be understood to mean that articles or materials may be substituted which, in the opinion of the Owner, are equal in quality, durability, appearance, strength, design and performance to the articles or materials named or described and will perform adequately in providing a first-class facility.
Or Equal. Whenever the words “or equal” appear in the contract, they shall be interpreted to mean an item of material or equipment equal in quality to that named in the contract and which is suited to the same use, and capable of performing the same function with at least equivalent efficiency, as that named. Inclusion of “or equal” material or equipment in the contractor’s bid shall not obligate Owner to accept such material or equipment if it does not meet or exceed the requirements of the contract and purposes of the specifications. Burden of the proof of equal quality or service shall be the responsibility of the Design-Builder. Any dispute as to equality shall be determined solely by the Owner whose decision in such matters shall be final.
Or Equal. Any manufacturers’ names, trade names, brand names or catalogue numbers used in the specifications are for the purpose of describing and establishing general performance and quality levels. Such references are not intended to be restrictive. Bids are invited on these and comparable brands or products provided the quality of the proposed products meet or exceed the quality of the specifications listed for any item. All requests for “or equal” consideration must be received prior to the deadline for receiving questions.
Or Equal. Refer to Approved Equal.
