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y <br /> 10 . 01 Provisions for liquidated damages and incentive payments , if any , are set forth in the <br /> Agreement. <br /> ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS <br /> 11 . 01 The Contract, if awarded , will be on the basis of materials and equipment specified or <br /> described in the Bidding Documents without consideration of possible substitute or "or-equal" <br /> items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- <br /> equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to <br /> ENGINEER's CONSULTANT, application for such acceptance will not be considered by <br /> ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any <br /> such application by CONTRACTOR and consideration by ENGINEER's CONSULTANT is set <br /> forth in the General Conditions and may be supplemented in the General Requirements . <br /> ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS <br /> 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , <br /> individuals , or entities to be submitted to OWNER in advance of a specified date prior to the <br /> Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so <br /> requested , shall within five days after Bid opening , submit to OWNER a list of all such <br /> Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for <br /> which such identification is required . Such list shall be accompanied by an experience statement <br /> with pertinent information regarding similar projects and other evidence of qualification for each <br /> such Subcontractor, Supplier, individual , or entity if requested by OWNER. If OWNER or <br /> ENGINEER , after due investigation , has reasonable objection to any proposed Subcontractor, <br /> Supplier, individual , or entity, OWNER may, before the Notice of Award is given , request apparent <br /> Successful Bidder to submit a substitute , without an increase in the Bid . <br /> 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may <br /> award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , <br /> Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute <br /> grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or <br /> entity so listed and against which OWNER or ENGINEER's CONSULTANT makes no written <br /> objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and <br /> ENGINEER's CONSULTANT subject to revocation of such acceptance after the Effective Date of <br /> the Agreement as provided in paragraph 6 . 06 of the General Conditions , <br /> 12 . 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or <br /> entity against whom OWNER has reasonable objection . <br /> ARTICLE 13 - PREPARATION OF BID <br /> 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained <br /> from the Issuing Office . <br /> 11 n7 All kl � mU � ^ m +k . MA F.. ... . L . 11 L. . <br />