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10.01 Provisions for liquidated damages,, if any, are set forth in the 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, application for such acceptance will not be considered by ENGINEER until after the
<br />Effective Date of the Agreement'. The procedure for submission .of any such application by
<br />CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may
<br />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, I
<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 makes no written objection prior to the
<br />giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to
<br />revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph
<br />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 CONTRACTOR has reasonable objection.
<br />ARTICLE 13 - PREPARATION OF BID
<br />13.01 The Bid form is included with the Bidding Documents.
<br />13.02 All blanks on the Bid form shall be.completed by printing in ink or by typewriter and the
<br />Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit
<br />price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not
<br />Applicable" entered.
<br />00200 - Instructions to Bidders REV 04-07
<br />00200-6
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<br />InstnrAlons to Bidders REV 04-07.dod Rev. 05101
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