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6.05 Substitutes and "Or-Equals " b. CONTRACTOR shall submit sufficient Paragraph 6.05.A has been deleted and replaced with a information as provided below to allow ENGI- new paragraph. See the Supplementary Conditions. NEER to determine that the item of material or A Whene' ro_ an m o f -....«.,_:..� „_ equipment proposed is essentially equivalent to specified" of aeserihea in the, ContFaet D,.,....irents by using that named and an acceptable substitute therefor. the name of a .._,....:etaFy item or the name of .. ....-.«:^. .l „_ Requests for review of proposed substitute items Supplier-, ..the ^ ..,,:a^„«:,... of description :s tended to of material or equipment will not be accepted by establish the filnetion and quality ENGINEER from anyone other than CON- required. Unless the speeifieRtiffil OF ae.,,._:_t:,. e8fAaMS Of TRACTOR. is followed b ...orris reading that no like equivalent, ..4cor equal" item OF no substitution is pemm4ed, other iterns_ c. The procedure for review by ENGI- of matefial or equipment of material or equipment of othe will be as set forth in paragraph Supplio_. _ a. , be ^..hued tn vwrcrn.ccn o.._ _evie.. 6.05.A.2.d, as supplemented in the General •-"'a"- 'h" a^^""'h"a hPIA-A Requirements and as ENGINEER may decide is appropriate under the circumstances. 1 . "Or-Equal" Items: If in ENGINEER's sole discretion an item of material or equipment pro- d. CONTRACTOR shall first make written posed by CONTRACTOR is functionally equal to application to ENGINEER for review of a that named and sufficiently similar so that no change proposed substitute item of material or in related Work will be required, it may be con- equipment that CONTRACTOR seeks to furnish sidered by ENGINEER as an ` or-equal" item, in or use. The application shall certify that the which case review and approval of the proposed proposed substitute item will perform adequately item may, in ENGINEER's sole discretion, be the functions and achieve the results called for accomplished without compliance with some or all by the general design, be similar in substance to of the requirements for approval of proposed substi- that specified, and be suited to the same use as tute items. For the purposes of this paragraph that specified. The application will state the 6.05 .A. 1 , a proposed item of material or equipment extent, if any, to which the use of the proposed will be considered functionally equal to an item so substitute item will prejudice CONTRACTOR's named if: achievement of Substantial Completion on time, whether or not use of the proposed substitute Sentence 6.05.A.1.a.(ii) has been deleted and replaced item in the Work will require a change in any of with a new sentence. See the Supplementary the Contract Documents (or in the provisions of Conditions. any other direct contract with OWNER for work a. in the exercise of reasonable judgment on the Project) to adapt the design to the ENGINEER determines that: (i) it is at least proposed substitute item and whether or not equal in quality, durability, appearance, strength, incorporation or use of the proposed substitute and design characteristics; (ii) it will item in connection with the Work is subject to ^"`^"" at leas' equally well the a.....t"n payment of any license fee or royalty. All initiosed by the design eeneept of the ,._mplete., variations of the proposed substitute item from Pizajeet as ., a-..,.t:e_:..g whole and; that specified will be identified in the applica- tion, and available engineering, sales, b. CONTRACTOR certifies that: (i) there is maintenance, repair, and replacement services no increase in cost to the OWNER; and (ii) it will be indicated. The application will also will conform substantially, even with deviations, contain an itemized estimate of all costs or to the detailed requirements of the item named in credits that will result directly or indirectly from the Contract Documents. use of such substitute item, including costs of redesign and claims of other contractors affected 2. Substitute Items by any resulting change, all of which will be considered by ENGINEER in evaluating the a. If in ENGINEER's sole discretion an proposed substitute item. ENGINEER may item of material or equipment proposed by require CONTRACTOR to famish additional CONTRACTOR does not qualify as an data about the proposed substitute item "or-equal" item under paragraph 6.05 .A. 1 , it will be considered a proposed substitute item. 00700 - 21