Ali Al Sabah Military Academy

Gulf Consult / SOM 15th May, 2012

Alternatives and Substitutions 01630 - 1

SECTION 01630

ALTERNATIVES AND SUBSTITUTIONS PART 1 GENERAL 1.01 SECTION INCLUDES

A. This section includes administrative and procedural requirements for handling requests for approving 'Alternative" and "Substitutions" presented by the Contractor.

1.02 DEFINITIONS

A. The term "product shall mean any material including proprietary goods, equipment and manufactured items.

B. Wherever three or more manufacturers or brand names are mentioned in the

specifications, then the choice from within the specified list lies with the Contractor, while the approval of the actual details shall lie with the Engineer. In selecting the product the Contractor shall give due preference to the "Design Intent".

C. Alternative Products: "Alternative" and "Approved Equal shall have the same meaning

except as otherwise mentioned In the Contract. Alternative or Approved Equal product shall be accepted only if less than three (3) manufacturers are specified in the respective section of the specifications, or if during construction less than three (3) manufacturers remain in the list after any of the specified manufacturers in the list stops producing the goods, and as a consequence the Contractor is unable to get quote from them.

References herein to "Approved Equal" or "Alternative" terms shall mean that the review and approval of the Engineer is required for any approved equal or alternative product proposed by the Contractor. Such proposed alternative products shall be equal or better than the specified product in all respects to the quality, durability, performance characteristics, commercial reputation and its origin/source. The Engineer's decision to consider, reject or approve the alternative products/manufacturers shall be final.

D. If in any specification section/s three or more manufacturers are specified and qualified with "Approved Equal" or "Alternative", then the term "Approved Equal or "Alternative" shall be deemed to be deleted and the Contractor should follow Article 1.02 B.

E. If in any specification section/s a single manufacturer is specified, it will be used as

reference only to product preferred by the designer. The bidder has the right to submit it or submit the specified item or to submit a product/material that complies with the description, quality, durability, performance characteristics and the commercial reputation of the product described in the contract. In such a case there would be no need to deal with the product in accordance with this section. The Contractor will have to submit all the needed evidence that the product meets and complies with the above mentioned conditions, and this will not allow for any increase in its price under this contract. If the Contractor did not commit to or failed to provide acceptable evidence, this product will be dealt with as a substitution as referred to in Article 1.02 F.

F. Substitute Products: If the Contractor is unable to obtain the named product or named

manufacturer's product, and if he is also unable to find and propose an approvable equal manufacturer and product (as mentioned in the Article 1.02.B and 1.02.C above) in spite of his demonstrated sufficient (in the opinion of the Engineer) endeavors, he may propose a substitute for the Engineers review and approval. Such substitute shall be similar to, and as near as possible to the specified products in quality, maintenance, durability, performance characteristics and commercial reputation, and shall be in line with the design intent.

Ali Al Sabah Military Academy

Gulf Consult / SOM 15th May, 2012

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G. Manufacturer: To establish a standard of quality, design and function desired, drawings

and specifications have been based on the products of particular manufacturers specified in the respective sections of the specifications or noted on the related drawings.

1.03 SUBMITTALS A. Substitution Request Submittal: The Engineer will receive requests as follows:

1. Submit 3 copies of each request for consideration. Submit requests in the form and according to procedures required.

2. Identify the manufacturer and product, the fabrication and installation method in

each request. Include related Specification Sections and drawing numbers.

3. Provide complete documentation showing compliance with the requirements and the following as appropriate: a. Coordination information, including a list of changes or modifications

needed to other parts of the Work and to construction performed by the Employer and other Contractors, if any, that will be necessary to accommodate the proposed "substitution".

b. A detailed comparison of all the specified and significant qualities of the

proposed substitution with those of the Work specified. Significant qualities will include elements such as performance, weight, size, durability, and visual effect etc.

c. Product Data, including drawings and descriptions of products and

fabrication and installation procedures.

d. Samples, where applicable or requested. e. A statement indicating the effect on the Contractors approved

Construction Schedule. f. Cost information, including a proposal of the net saving if any in the

Contract Sum. Additional costs will not be accepted. This should be substantiated by comparative quotations with complete rate breakdown for both the proposed alternative/substitute item and the specified item.

g. The Contractor's waiver of rights to additional payment or time that may

subsequently become necessary because of the failure of the 'substitute" to perform adequately.

h. Warranty i. Reimbursement for review and redesign services, if applicable in the

opinion of the Engineer/Engineer's Representative.

B. Engineer's Action: The approval of any or "substitute" or "alternative" product shall in no

way relieve the Contractor of any of his liabilities and obligations under the Contract. The burden of proof in satisfying the Engineer as to the suitability of any product shall rest with the Contractor. The Engineer may request and the Contractor shall provide such supporting data, carry out such tests, etc., as the Engineer may reasonably require in order to satisfy him as to such suitability. Any extra costs of delay by the Contractor, because of his failure to propose "substitute" or "alternative" in a timely

Ali Al Sabah Military Academy

Gulf Consult / SOM 15th May, 2012

Alternatives and Substitutions 01630 - 3

manner, so as to allow the Engineer reasonable time to review, or because of rejection of "substitute" or "alternative" found by the Engineer to be unsuitable, shall be the responsibility of the Contractor, and he shall not be entitled to additional payment nor to extra time for this reason.

C. Cost effect in approving substitutes" or "alternative": Should any "substitute" or

"alternative" product be proposed by the Contractor and approved by the Engineer, any increase in cost over and above the specified product shall be borne by the Contractor. However, any saving in cost shall be to the benefit of the Employer.

1.04 SUBSTITUTES

A. Specifying of manufacturers or their products by name, trade name, catalogue number, etc., shall not relieve the Contractor either from his responsibility to meet other specification requirements, or from his responsibility to make material submittals for such other requirements for approval.

B. Substitute" products where permitted and approved must conform to the Contract

Documents and to space and energy requirements. Any such product that does not meet such space requirements, whether approved or not, shall be replaced at the Contractor's expense and any modification of replaced systems thereby arising shall also be made at his expense. Similarly all charges for any additional power requirements will be at Contractors expenses.

PART 2 PRODUCTS NOT ISSUED PART 3 EXECUTION NOT ISSUED

END OF SECTION