Common use of OR EQUAL CLAUSE Clause in Contracts

OR EQUAL CLAUSE. The inclusion of a manufacturer's name, trademark, or other proprietary identification of a product shall not limit competition, but shall establish a standard of quality, implying an "or equal" clause, unless expressly specified otherwise (see Special Conditions). However, the substitution of a product in place of that specified shall be permitted only upon the Owner’s issuance of written approval in the form of an Addendum or Change Order to the Contract in response to a formal request submitted by the Contractor sufficiently in advance to allow adequate time for evaluation by the Owner. If the Owner, in his sole discretion, determines that tests are necessary for a proper evaluation, such testing shall be performed as specified by the Owner and at the Contractor's expense. The substitution of a product shall be subject, without limitation, to any requirements listed in the Special Conditions or other parts of this Contract and the following conditions: