Section01631 Products Subs.doc

Solicitation No. AG-95CV-S-09-0020 Recovery – Replace or Repair/Resurface Roofs, Main Bldg

(N.Wing), WAB, & Service Bldg, WRRC, Albany, CA

SECTION 01631 – PRODUCTS AND SUBSTITUTIONS

PART 1 GENERAL

1.1

SUMMARY

A.

This Section includes administrative and procedural requirements for handling requests for substitutions made after award of the Contract.

1.

During the bidding period, the Government will not consider requests from bidders and manufacturers for substitutions.

2.

After award of Contract, the Government will consider formal requests, only from the Contractor, for substitution of products in place of those specified.

B.

Incorporate into the Work material conforming to the applicable Specification Section(s), codes and standards, and complying with the size, make, type, design, quality, and performance shown or specified, unless otherwise specifically authorized in writing by the Government.

C.

Each material or product shall be new and of the same manufacturer throughout the project, unless otherwise specified.

1.2

DEFINITIONS

A.

Definitions in this Article do not change or modify the meaning of other terms used in the Contract Documents.

B.

Substitutions: Changes in products, materials, and methods of construction required by the Contract Documents proposed by the Contractor after award of the Contract are considered to be requests for substitutions.

C.

Revisions to the Contract Documents requested by the Government.

1.

Specified options of products and construction methods included in the Contract Documents.

2.

The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities.

1.3

SUBMITTALS

A.

Substitution Request Submittal: The Government will consider requests for substitution if received within 10 calendar days of contract award. Requests received more than 10 calendar days after contract award may be considered or rejected at the discretion of the Government.

B.

Submitting Requests: Submit three copies of each request for substitution for consideration. Submit requests in the form and according to procedures required for change-order proposals.

1.

Identify the product or the fabrication or installation method to be replaced in each request. Include related Specification Section(s).

2.

When requested, include test data from an independent testing laboratory to show compliance with performance characteristics specified.

3.

Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate:

4.

Coordination information, including a list of changes or modifications needed to other parts of the Work, which will be necessary to accommodate the proposed substitution.

5.

A detailed comparison of significant qualities of the proposed substitution with those of the Work specified. Significant qualities may include elements, such as performance, weight, size, durability, and visual effect.

6.

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

7.

Samples, where applicable or requested.

8.

A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time.

9.

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

10.

The Contractor's certification that the proposed substitution conforms to requirements in the Contract Documents in every respect and is appropriate for the applications indicated.

a.

The Contractor has personally investigated proposed products or methods and determined that it is equal or superior in all respects to that specified.

b.

The Contractor shall provide the same guarantee for the substitution as for the product/method specified.

c.

The Contractor shall coordinate installing the accepted substitutions into work making such changes as may be required for the work.

d.

The Contract shall have full responsibility for alternate design approaches, for equivalent performance, and for strength and quality characteristics of the components.

11. The Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the substitution to perform adequately.

C.

Government's Action: If necessary, the Government will request additional information or documentation for evaluation within 5 work days of receipt of a request for substitution. The Government will notify the Contractor of acceptance or rejection of the substitution within 10 work days of receipt of the request, or 5 work days of receipt of additional information or documentation, whichever is later. Acceptance will be in the form of a change order. Use the product specified if the Government is unable to render a decision on the use of a proposed substitute within the time allocated.

PART 2 PRODUCTS

2.1

SUBSTITUTIONS

A.

Conditions: The Government will receive and consider the Contractor's request for substitution when one or more of the following conditions are satisfied, as determined by the Government. If the following conditions are not satisfied, the Government will return the requests without action except to record noncompliance with these requirements.

1.

Extensive revisions to the Contract Documents are not required.

2.

Proposed changes are in keeping with the general intent of the Contract Documents.

3.

The request is timely, fully documented, and properly submitted.

4.

The specified product or method of construction cannot be provided within the Contract Time. The Government will not consider the request if the product or method cannot be provided as a result of failure to pursue the Work promptly or coordinate activities properly.

5.

The request is directly related to an "or-equal" clause or similar language in the Contract Documents.

6.

The requested substitution offers the Government a substantial advantage, in cost, time, energy conservation, or other considerations, after deducting additional responsibilities the Government must assume. The Government's additional responsibilities may include evaluation services and similar considerations.

7.

The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved.

8.

The specified product or method of construction cannot be provided in a manner that is compatible with other materials and where the Contractor certifies that the substitution shall overcome the incompatibility.

9.

The specified product or method of construction cannot be coordinated with other materials and where the Contractor certifies that the proposed substitution can be coordinated.

10. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where the Contractor certifies that the proposed substitution provides the required warranty.

B.

Substitutions will not be considered if:

1.

They are indicated or implied on the project data submittals without formal request.

2.

Acceptance will require substantial revision of Contract Documents.

3.

Additional cost to the Government is involved.

C. The Contractor's submittal and the Government 's acceptance of Product Data or Samples for construction activities not complying with the Contract Documents do not constitute an acceptable or valid request for substitution, nor do they constitute approval.

D. Should a substitution be accepted under the provisions herein, and that substitution subsequently proves defective or otherwise unsatisfactory for the service for which it was intended, and is in the guarantee period, the Contractor shall replace the defective material with material specified.

E.

The review of the Government, for approval or failure to take exceptions to substitutions or other review documents, will not relieve the Contractor of the responsibility for any item actually meeting performance or other requirements of Contract Documents.

PART 3 EXECUTION

Not used.

END OF SECTION 01631

PRODUCTS AND SUBSTITUTIONS

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