Common use of Source of Supply and Quality Requirements Clause in Contracts

Source of Supply and Quality Requirements. The Materials used throughout the Work shall conform to the requirements of the Contract. The Design-Builder shall regulate his supplies so that there will be a sufficient quantity of tested Material on hand at all times to prevent any delay of Work. Except as otherwise specified, Materials, Equipment, and components that are to be incorporated into the finished work shall be new. At the option of the Department, Materials may be approved at the source of supply. If it is found during the life of the Contract that previously approved sources of supply do not supply Materials or Equipment conforming to the requirements of the Contract, do not furnish the valid test data required to document the quality of the Material or Equipment, or do not furnish documentation to validate quantities to document payment, the Design-Builder shall change the source of supply and furnish Material or Equipment from other approved sources. The Design-Builder shall notify the Department of this change, and provide the same identifying information noted in this Section, at least 60 days prior to their use on the Project, but not less than two weeks prior to delivery. Materials shall not contain toxic, hazardous, or regulated solid wastes or be furnished from a source containing toxic, hazardous or regulated solid wastes. When optional Materials are included in the Contract, the Design-Builder shall advise the Department in writing of the specific Materials selected. Thereafter, the Design-Builder shall use the selected Materials throughout the Project unless a change is authorized in writing by the Department. However, when the Design-Builder has an option as to the type of pipe that may be used, he may use any of the approved types for each size of pipe, but he shall use the same type for a particular line. The Department may authorize other types and sources in an emergency that will not unreasonably delay delivery of the selected Material. Equipment and Material guaranties or warranties that are normally given by a manufacturer or supplier, or are otherwise required in the Contract, shall be obtained by the Design-Builder and assigned to the Commonwealth in writing. The Design-Builder shall also provide an in-service operation guaranty on all mechanical and electrical Equipment and related components for a period of at least six months beginning on the date of partial acceptance of that specific item(s) or Final Acceptance of the Project.

Source of Supply and Quality Requirements. The Materials used throughout the Work shall conform to the requirements of the Contract. The Design-Builder shall regulate his supplies so that there will be a sufficient quantity of tested Material on hand at all times to prevent any delay of Work. Except as otherwise specified, Materials, Equipment, and components that are to be incorporated into the finished work shall be newnew and fit for their intended purpose. At the option of the Department, Materials may be approved at the source of supply. If it is found during the life of the Contract that previously approved sources of supply do not supply Materials or Equipment conforming to the requirements of the ContractContract requirements, do not furnish the valid test data required to document the quality of the Material or Equipment, or do not furnish documentation to validate quantities to document payment, the Design-Builder shall change the source of supply and furnish Material or Equipment from other approved sources. The Design-Design- Builder shall notify the Department of this change, and provide the same identifying information noted in this Section, at least 60 sixty (60) days prior to their use on the Project, but not less than two weeks prior to delivery. Materials shall not contain toxic, hazardous, or regulated solid wastes or be furnished from a source containing toxic, hazardous or regulated solid wastes. When optional Materials are included in the Contract, the Design-Builder shall advise the Department in writing of the specific Materials selected. Thereafter, the Design-Builder shall use the selected Materials throughout the Project unless a change is authorized in writing by the Department. However, when the Design-Builder has an option as to the type of pipe that may be used, he may use any of the approved types for each size of pipe, but he shall use the same type for a particular line. The Department may authorize other types and sources in an emergency that will not unreasonably delay delivery of the selected Material. Equipment and Material guaranties or warranties that are normally given by a manufacturer or supplier, or are otherwise required in the Contract, shall be obtained by the Design-Builder and assigned to the Commonwealth in writing. The Design-Builder shall also provide an in-service operation guaranty on all mechanical and electrical Equipment and related components for a period of at least six (6) months beginning on the date of partial acceptance of that specific item(s) or Final Acceptance of the Project.