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W <br /> .111111 that no like , equivalent, or "or-equal" item or no <br /> substitution is permitted , other items of material or c. The procedure for review by ENGI- <br /> equipment or material or equipment of other Suppliers NEER will be as set forth in paragraph <br /> may be submitted to ENGINEER for review under the 6.05.A.2.d , as supplemented in the General <br /> 40 circumstances described below. Requirements and as ENGINEER may <br /> decide is appropriate under the <br /> 1 . "Or-Equal" Items: If in ENGINEER's circumstances . <br /> r. sole discretion an item of material or equipment <br /> proposed by CONTRACTOR is functionally d . CONTRACTOR shall first make <br /> equal to that named and sufficiently similar so written application to ENGINEER for review <br /> that no change in related Work will be required, of a proposed substitute item of material or <br /> r it may be considered by ENGINEER as an equipment that CONTRACTOR seeks to <br /> "or-equal" item, in which case review and furnish or use. The application shall certify <br /> approval of the proposed item may, in that the proposed substitute item will <br /> ENGINEER's sole discretion , be accomplished perform adequately the functions and <br /> without compliance with some or all of the achieve the results called for by the general <br /> requirements for approval of proposed substi- design , be similar in substance to that <br /> tute items. For the purposes of this paragraph specified , and be suited to the same use as <br /> i 6 .05.A. 1 , a proposed item of material or that specified . The application will state the <br /> equipment will be considered functionally equal extent, if any, to which the use of the pro- <br /> to an item so named if: posed substitute item will prejudice <br /> +, CONTRACTOR's achievement of Substan- <br /> a . in the exercise of reasonable tial Completion on time, whether or not use <br /> J udgment ENGINEER determines that: (i ) it of the proposed substitute item in the Work <br /> is at least equal in quality, durability , will require a change in any of the Contract <br /> i appearance , strength, and design Documents (or in the provisions of any <br /> characteristics; (ii) it will reliably perform at other direct contract with OWNER for work <br /> least equally well the function imposed by on the Project) to adapt the design to the <br /> the design concept of the completed Project proposed substitute item and whether or <br /> as a functioning whole, and ; not incorporation or use of the proposed <br /> substitute item in connection with the Work <br /> b. CONTRACTOR certifies that: (i) is subject to payment of any license fee or <br /> 'r'' there is no increase in cost to the OWNER; royalty. All variations of the proposed <br /> and (ii ) it will conform substantially, even substitute item from that specified will be <br /> with deviations, to the detailed requirements identified in the application , and available <br /> to of the item named in the Contract engineering , sales, maintenance, repair, <br /> Documents. and replacement services will be indicated . <br /> The application will also contain an itemized <br /> 2. Substitute Items estimate of all costs or credits that will result <br /> • directly or indirectly from use of such <br /> a. If in ENGINEER's sole discretion an substitute item , including costs of redesign <br /> item of material or equipment proposed by and claims of other contractors affected by <br /> CONTRACTOR does not qualify as an any resulting change , all of which will be <br /> "or-equal" item under paragraph 6 .05 .A. 1 , it considered by ENGINEER in evaluating the <br /> will be considered a proposed substitute proposed substitute item . ENGINEER may <br /> item . require CONTRACTOR to furnish additional <br /> data about the proposed substitute item . <br /> b. CONTRACTOR shall submit suffi- <br /> cient information as provided below to allow B . Substitute Construction Methods or Proce- <br /> ENGINEER to determine that the item of dures: If a specific means, method , technique, se- <br /> material or equipment proposed is quence, or procedure of construction is shown or <br /> essentially equivalent to that named and an indicated in and expressly required by the Contract <br /> acceptable substitute therefor. Requests Documents, CONTRACTOR may furnish or utilize a <br /> for review of proposed substitute items of substitute means, method , technique , sequence , or <br /> material or equipment will not be accepted procedure of construction approved by ENGINEER. <br /> by ENGINEER from anyone other than CONTRACTOR shall submit sufficient information to <br /> w. CONTRACTOR. allow ENGINEER, in ENGINEER's sole discretion , to <br /> 00700 - Geneml Conditions REV 04-07 <br /> 00700 - 20 <br /> F:\EngineedngW W eliamsWlasteiContractlMaster Contract DocumentsW0700 - General Conditions REV 04-07 doc <br />