012500 Substitution Procedures.docx

Project Name Project Location PCN #

[Div 1 Reviewer/Writer Instructions: 1. Turn ON Show/Hide feature in the Home tab to see any hidden instructions that may be embedded in each specification. Turn OFF after completing your final version. 2. Comments in [ ] are guidance for spec. writers to consider during the design phase. Delete in final version.] SECTION 012500 - SUBSTITUTION PROCEDURES [GSA PMs, A/Es & CMs: Work closely with your Contracting Officer (CO) to ensure the latest FAR and GSAM clauses are used and the specifications are edited to reflect your project’s specific requirements.] Revise this Section by deleting and inserting text to meet Project-specific requirements.

GENERAL

RELATED DOCUMENTS

Retain or delete this article in all Sections of Project Manual.

The Government is providing the references included in this sub-section for information purposes only and is not intended to provide a comprehensive, all-inclusive list of any and all potentially relevant portions of the Contract Documents. Drawings and general provisions of the Contract and other Division 01 Specification Sections, apply to this Section.

SUMMARY

Section includes administrative and procedural requirements for substitutions.

Related Sections:

Retain Sections in subparagraphs below that contain requirements Contractor might expect to find in this Section but are specified in other Sections.

Division012100 Section "Allowances" for products selected under an allowance.

Division012300Section "Alternates" for products selected under an alternate.

Division 012400 Section “Options” for products selected under an option.

Division016000 Section "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers.

Divisions02 through 49 Sections for specific requirements and limitations for substitutions.

DEFINITIONS

Retain definition remaining after this Section has been edited.

Substitutions: Proposed changes to the Contract Documents by the Contractor for products, materials, equipment, and methods of construction.

1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms

2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner SUBMITTALS for Cause or Convenience:

Substitution Requests: Per Submittal Procedures Section 013300 submit electronic copies through ePM of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles.

If retaining last option in first subparagraph below, insert a sample of the form to be used in the Project Manual.

Substitution Request Form: [Coordinate with ePM.] [Region shall insert form].

Documentation: Show compliance with requirements for substitutions and the following, as applicable:

Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Government and separate contractors that will be necessary to accommodate proposed substitution.

Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable specification section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, energy and resource performance goals, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.

Product Data, including drawings and descriptions of products and fabrication and installation procedures.

Samples, where applicable or requested.

Certificates and qualification data, where applicable or requested.

List of similar installations for completed projects with project name, location and contact information of owner and architect/engineer of record.

Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated.

Research reports evidencing compliance with building code in effect for project, when applicable for the proposed substitution.

Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. Provide a schedule fragnet with a time impact analysis to allow the Government to consider the proposed substitution.

Cost information, including a proposal of change, if any, in the Contract Sum.

Proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated.

The Contracting Officer may require the Contractor to provide a contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.

The Contracting Officer or Contracting Officer’s Representative (CO) or (COR) Action: If necessary, the Contracting Officer or COR will request additional information or documentation for evaluation. The Contractor shall be entitled to receive notice of action on submittals within a reasonable time, given the volume or complexity of the submittals and the criticality of the affected activities to Substantial Completion as may be indicated in the Project Schedule. The Contractor shall not be entitled to receive notice of action on submittals containing variations from Contract requirements in less than twenty working days. [Coordinate further with 013300 Submittals.] Failure by the government to respond does not constitute acceptance of the proposed substitution.

QUALITY ASSURANCE

Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage qualified testing agency to perform compatibility tests recommended by manufacturers.

PROCEDURES

Coordination: Modify or adjust affected work as necessary to integrate work of the approved substitutions.

PRODUCTS

SUBSTITUTIONS

Review this article with Owner to confirm what is considered a substitution by Owner and to coordinate Owner's role in approving substitutions. If substitution requests are restricted to before bid opening, include requirements in the Instructions to Bidders.

Substitutions for Cause: Submit requests for substitution immediately upon discovery of need for change, but not later than [15] [Insert number] days prior to time required for preparation and review of related submittals.

Conditions: The Contracting Officer (CO) will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, the Contracting Officer (CO) will return requests without action, except to record noncompliance with these requirements:

Revise conditions in subparagraphs below If required, insert more restrictive conditions to limit consideration of proposed substitutions.

Requested substitution is consistent with the Contract Documents and will produce indicated results.

Substitution request is fully documented and properly submitted.

If requested substitution involves schedule impact Contractor has identified time impact and a mitigation plan. .

Requested substitution has received necessary approvals of authorities having jurisdiction.

Requested substitution is compatible with other portions of the Work.

Requested substitution has been coordinated with other portions of the Work.

Requested substitution provides specified warranty.

If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

Retain one of two paragraphs below. Retain option in first paragraph below if default limitation on substitutions in this Section may be modified by requirements in individual specifications sections.

Substitutions for Convenience: The Contracting Officer (CO) will consider requests for substitution if received within [60] [Insert number] days after [commencement of the Work] [the Notice to Proceed] [the Notice of Award]. Requests received after that time may be considered or rejected at discretion of the Contracting Officer (CO) or the Contracting Officer Representative (COR).

Conditions: The Contracting Officer will consider Contractor's request for substitution when the following conditions are satisfied. [Revise conditions in subparagraphs below. If required, insert more restrictive conditions to limit consideration of proposed substitutions. Ensure schedule is not affected adversely by substitution.] Requested substitution offers the Government a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional obligations the Government incurs..

Requested substitution does not require extensive revisions to the Contract Documents.

Requested substitution is consistent with the Contract Documents and will produce indicated results.

Substitution request is fully documented and properly submitted.

If requested substitution involves schedule impact Contractor has identified time impact and a mitigation plan.

Requested substitution has received necessary approvals of authorities having jurisdiction.

Requested substitution is compatible with other portions of the Work.

Requested substitution has been coordinated with other portions of the Work.

Requested substitution provides specified warranty.

If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

PART 3 EXECUTION (Not Used)

END OF SECTION 012500

FY15 Update Oct. 1, 2014 Substitution Procedures 012500-1 image1.png