Common use of SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES Clause in Contracts

SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES. Except as noted specifically in the Specifications, whenever in the Specifications, material or process is designated by patent or proprietary name or by name of manufacturer, such designation shall be deemed to be used for purpose of facilitating description of material and process desired, and shall be deemed to be followed by the words “or equal” and Contractor may offer any substitute material or process that Contractor considers equal in every respect to that so designated and if material or process offered by Contractor is, in opinion of County, equal in every respect to that so designated, its use will be approved. However, Contractor may utilize this right only by submitting to the COR a substitution request with supporting documentation and receiving approval in the form of a Field Change prior to substituting the item. A substitution will be approved only if it is a true “equal” item in every aspect of its design and quality, including but not limited to its dimensions, weights, service requirements, lifecycle costs, durability, compatibility with existing facilities or operations, functioning, impact on contiguous construction elements, overall schedule, and design.

SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES. ‌ Except as noted specifically in the Specifications, whenever in the Specifications, material or process is designated by patent or proprietary name or by name of manufacturer, such designation shall be deemed to be used for purpose of facilitating description of material and process desired, and shall be deemed to be followed by the words “or equal” and Contractor may offer any substitute material or process that Contractor considers equal in every respect to that so designated and if material or process offered by Contractor is, in opinion of County, equal in every respect to that so designated, its use will be approved. However, Contractor may utilize this right only by submitting to the COR a substitution request with supporting documentation and receiving approval in the form of a Field Change prior to substituting the item. A substitution will be approved only if it is a true “equal” item in every aspect of its design and quality, including but not limited to its dimensions, weights, service requirements, lifecycle costs, durability, compatibility with existing facilities or operations, functioning, impact on contiguous construction elements, overall schedule, and design.