1. “Or-Equal” Items:
If in ENGINEER’S sole discretion an item of material or equipment proposed by CONTRACTOR is
functionally equal to that named and sufficiently similar so that no change in related Work will be required, it
may be considered by ENGINEER as an “or-equal” item, in which case review and approval of the proposed
item may, in ENGINEER’s sole discretion, be accomplished without compliance with some or all of the
requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a
proposed item of material or equipment will be considered functionally equal to an item so named if:
a. In the exercise of reasonable judgment ENGINEER determines that: (1) it is at least equal in quality,
durability, appearance, strength, and design characteristics; (11) it will reliably perform at least equally
well the function imposed by the design concept of the completed Project as a functioning whole, and;
b. CONTRACTOR certifies that: (1) there is no increase in cost to the OWNER; and (ii) it will conform
substantially, even with deviations, to the detailed requirements of the item named in the Contract
Documents.
2. Substitute Items
a. Ifin ENGINEER’s sole discretion an item of material or equipment proposed by CONTRACTOR
does not qualify as an “or-equal” item under paragraph 6.05.A.1, it will be considered a proposed
substitute item.
b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to
determine that the item of material or equipment proposed is essentially equivalent to that named and an
acceptable substitute therefore. Requests for review of proposed substitute items of material or
equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR.
c. The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as
supplemented in the General Requirements and as ENGINEER may decide is appropriate under the
circumstances.
d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed
substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application
shall certify that the proposed substitute item will perform adequately the functions and achieve the
results called for by the general design, be similar in substance to that specified, and be suited to the
same use as that specified. The application will state the extent, if any, to which the use of the proposed
substitute item will prejudice CONTRACTOR’s achievement of Substantial Completion on time,
whether or not use of the proposed substitute item in the Work will require a change in any of the
Contract Documents (or in the provisions of any other direct contract with OWNER for work on the
Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the
proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.
All variations of the proposed substitute item from that specified will be identified in the application, and
available engineering, sales, maintenance, repair, and replacement services will be indicated. The
application will also contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and claims of other contractors
affected by any resulting change, all of which will be considered by ENGINEER in evaluating the
proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the
proposed substitute item.
GC - 22 of 57
