Common use of Substitutions Clause in Contracts

Substitutions. A. The name of a certain brand, make, or manufacturer in the Contract Documents is to denote the quality standard of the article desired. The reference to a certain brand, make or manufacturer is to convey the general style, type, character and quality of article desired. If the Contractor desires to provide or use any other brand, make of materials, device, or equipment, it may do so only if it submits sufficient information to satisfy the Procurement Director/Procurement Agent that the proposed substitute is the equal of that specified in quality, workmanship, design and economy of operation, and is suitable for the purpose intended, and obtains the written approval from the Procurement Director/Procurement Agent by Change Order. B. To obtain approval of a substitute as equal, the Contractor shall submit to the Procurement Director/Procurement Agent all substantiating data upon which the Contractor relies to establish the substitute as an equal. If a sample is requested by the Owner, it shall be provided at the Contractor’s expense within seven (7) Days of the request and may be subjected to such testing, examination or analysis, including but not limited to destructive testing, as the Owner in its discretion deems necessary. If the Procurement Director/Procurement Agent approves the proposed substitute, a Change Order approving the change will be issued by the Procurement Director/Procurement Agent. Provided, however, the Contractor shall be fully responsible for all costs or other consequences related to or arising from implementation of the use of the substitute, whether foreseen or unforeseen and including but not limited to any adjustments or revisions which might be required to existing improvements, facilities or operations. Contractor shall not proceed with use of the substitute until the Change Order approving its use has been issued by Owner. C. Notwithstanding the foregoing, if the identification of a certain brand, make or manufacturer is designated as “required” or “no substitutes permitted” or any similarly clear language, there shall be no substitutions permitted.

Substitutions. A. The name of a certain brand, make, or manufacturer in the Contract Documents is to denote the quality standard of the article desired. The reference to a certain brand, make or manufacturer is to convey to the general style, type, character and quality of article desired. If the Contractor desires to provide or use any other brand, make of materials, device, or equipment, it may do so only if it submits sufficient information to satisfy the Procurement Director/Procurement Agent that the proposed substitute is the equal of that specified in quality, workmanship, design and economy of operation, and is suitable for the purpose intended, and obtains the written approval from the Procurement Director/Procurement Agent by Change Order. B. To obtain approval of a substitute as equal, the Contractor shall submit to the Procurement Director/Procurement Agent all substantiating data upon which the Contractor relies to establish the substitute as an equal. If a sample is requested by the Owner, it shall be provided at the Contractor’s expense within seven (7) Days of the request and may be subjected to such testing, examination or analysis, including but not limited to destructive testing, as the Owner in its discretion deems necessary. If the Procurement Director/Procurement Agent approves the proposed substitute, a Change Order approving the change will be issued by the Procurement Director/Procurement Agent. Provided, however, the Contractor shall be fully responsible for all costs or other consequences related to or arising from implementation of the use of the substitute, whether foreseen or unforeseen and including but not limited to any adjustments or revisions which might be required to existing improvements, facilities or operations. Contractor shall not proceed with use of the substitute until the Change Order approving its use has been issued by Owner. C. Notwithstanding the foregoing, if the identification of a certain brand, make or manufacturer is designated as “required” or “no substitutes permitted” or any similarly clear language, there shall be no substitutions permitted.