b. CONTRACTOR certifies that: (i) 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. If in 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.
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.
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
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
proposed substitute item.
B. Substitute Construction Methods or Procedures:: If a specific means, method, technique, sequence, or procedure of
construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish
or utilize a substitute means, method, technique, Sequence, or procedure of construction approved by ENGINEER.
CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER’ sole discretion, to
determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The
procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2.
C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No “or-
equal” or substitute will be ordered, installed or utilized until ENGINEER’s review is complete, which will be
evidenced by either a Change Order for a substitute or an approved Shop drawing for an “or equal”. ENGINEER will
advise CONTRACTOR in writing of any negative determination.
D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a special
performance guarantee or other surety with respect to any substitute.
GC - 21 of 53
