Substitute Items Clause Samples

Substitute Items. 10.6.1.2.1 If in Architect's and/or Owner’s discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item, it will be considered a proposed substitute item. 10.6.1.2.2 Contractor shall submit sufficient information as provided below to allow Architect to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Architect from anyone other than Contractor. 10.6.1.2.3 The procedure for review by Architect will be as set forth in subparagraph (4), and as Contractor may decide is appropriate under the circumstances. 10.6.1.2.4 Contractor shall first make written application to Architect for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by Architect in evaluating the proposed substitute item. Architect may require Contractor to furnish additional data about the proposed substitute item.

Substitute Items. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item.

Substitute Items a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change.

Substitute Items a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will:

Substitute Items. The City will award by Group contracts for stock desktop computers and monitors as result of this solicitation. In the event that the manufacturer discontinues a product or model, the City at its sole discretion may allow the supplier to provide a substitute for the discontinued item. The contractor shall request permission to substitute a new product or model and provide the following: a. A formal announcement from the manufacturer that the product or model has been discontinued. b. Documentation from the manufacturer that names the replacement product or model. c. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation. d. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model. e. Documentation confirming that the price for the replacement is the same as or less than the discontinued model.

Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed Documents (or in the prov1S1ons of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

Substitute Items. If in Owner’s Representative's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item, it will be considered a proposed substitute item. Contractor shall submit sufficient information as provided below to allow Owner’s Representative to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute thereof. 1. Requests for review of proposed substitute items of material or equipment will not be accepted by the Owner’s Representative from anyone other than the Contractor.

Substitute Items. 12.3.1 Substitute items shall not be used without expressed permission of the Authority Contract Manager. No agreements shall be made locally to accept substitute items and the Authority must be notified of any stock-outs during the life of the Agreement and have the option to cancel the order. 12.3.2 In the event of an agreed substitute being dispatched and the product code, line description or price being different, then the Supplier shall advise the local business unit to cancel the order and re-submit the Purchase Order under the correct description, code and price to facilitate electronic invoice matching. 12.3.3 Where agreed and approved, substitute items for contract products shall be supplied at the same Specification and contract price. Where such product is of lower value, the Authority expects to benefit from the reduction in price.

Substitute Items. If in Architect’s sole discretion an item of material or equipment proposed by Construction Manager does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. SAMPLE