012500 - SUBSTITUTION PROCEDURES.DOC

UNIT TRAINING EQUIPMENT SITE ADD/ALT

Copyright 2010 by The American Institute of Architects (AIA)

Exclusively published and distributed by Architectural Computer Services, Inc. (ARCOM) for the AIA

SECTION 012500 - SUBSTITUTION PROCEDURES

Revise this Section by deleting and inserting text to meet Project-specific requirements.

This Section uses the term "Architect." Change this term to match that used to identify the design professional as defined in the General and Supplementary Conditions.

Verify that Section titles referenced in this Section are correct for this Project's Specifications; Section titles may have changed.

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

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

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes administrative and procedural requirements for substitutions.

B. Related Requirements:

Retain subparagraphs below to cross-reference requirements Contractor might expect to find in this Section but are specified in other Sections.

1. Section 016000 "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers.

1.3 DEFINITIONS

Retain terms that remain after this Section has been edited for a project.

A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor.

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.

1.4 ACTION SUBMITTALS

AIA Document A511 suggests adding requirements to AIA Document A201 in the Supplementary Conditions for consideration of requests received after Contract award. "Substitution Requests" Paragraph below expands requirements suggested by AIA Document A511.

A. Substitution Requests: Submit three copies 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 "Substitution Request Form" Subparagraph below, insert a sample of the form to be used in Project Manual.

1. Substitution Request Form: Use CSI Form 13.1A.

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

Retain and revise requirements in first 13 subparagraphs below that are applicable and necessary and are not included in the Supplementary Conditions.

a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable.

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

c. 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, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.

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

e. Samples, where applicable or requested.

f. Certificates and qualification data, where applicable or requested.

g. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners.

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

i. Research reports evidencing compliance with building code in effect for Project, from ICC-ES.

j. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. 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.

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

l. Contractor's certification that 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.

m. 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.

3. Contracting Officer's Action: If necessary, Contracting Officer will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Contracting Officer will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later.

Architect may determine in each case which of the revision forms in "Forms of Acceptance" Subparagraph below is appropriate for incorporating a Contractor's substitution requests into the Contract Documents. See the Evaluations in Section 012600 "Contract Modification Procedures" for discussion of contract modification methods and forms.

a. Forms of Acceptance: Change Order, Construction Change Directive, or Contracting Officer's Supplemental Instructions for minor changes in the Work.

b. Use product specified if Contracting Officer does not issue a decision on use of a proposed substitution within time allocated.

1.5 QUALITY ASSURANCE

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

1.6 PROCEDURES

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

PART 2 - PRODUCTS

2.1 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.

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

1. Conditions: Contracting Officer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Contracting Officer 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.

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

b. Substitution request is fully documented and properly submitted.

c. Requested substitution will not adversely affect Contractor's construction schedule.

d. Requested substitution has received necessary approvals of authorities having jurisdiction.

e. Requested substitution is compatible with other portions of the Work.

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

g. Requested substitution provides specified warranty.

h. 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 "Substitutions for Convenience" paragraphs below. Retain option in first paragraph if default limitation on substitutions in this Section may be revised by requirements in individual Specifications Sections.

B. Substitutions for Convenience: Not allowed.

C. Substitutions for Convenience: Contracting Officer will consider requests for substitution if received within 60 days after the Notice to Proceed. Requests received after that time may be considered or rejected at discretion of the Contracting Officer.

1. Conditions: Contracting Officer will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Contracting Officer 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.

a. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations.

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

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

d. Substitution request is fully documented and properly submitted.

e. Requested substitution will not adversely affect Contractor's construction schedule.

f. Requested substitution has received necessary approvals of authorities having jurisdiction.

g. Requested substitution is compatible with other portions of the Work.

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

i. Requested substitution provides specified warranty.

j. 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