6.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the
type, function, appearance, and quality required. Unless the specification or description contains or is followed by
words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the
circumstances described below.
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 1tems. 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: (4) it is at least equal in quality,
durability, appearance, strength, and design characteristics; (11) 1t 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 1tem 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
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