Task Item No. 1-7: Coordinate substitution processes. Flashcards

1
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You Should Understand

Task Item No. 1-7: Coordinate substitution processes.

  • Understand why substitutions might be necessary, and how qualities, characteristics, and attributes of a product affect the decision regarding any particular proposed substitution.
  • Understand how to evaluate a substitution and make a recommendation regarding the substitution.
A

Task Item No. 1-7: Coordinate substitution processes.

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2
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CSPG

1.8.3 Division 01—General Requirements

Substitution Procedures: Establishes procedures forsubstitutions during theandperiods without compromising quality.

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1.8.3 Division 01—General Requirements

Substitution Procedures: Establishes procedures for proposing and evaluating substitutions during the bidding/negotiating/purchasing and construction periods without compromising quality.

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3
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3.1.4.1 Closed and Open Proprietary Specifications

The fundamental distinction between closed and open proprietary specifications concerns substitutions. Closed proprietary specifications generallysubstitutions, whereas open specificationsthem.

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3.1.4.1 Closed and Open Proprietary Specifications

The fundamental distinction between closed and open proprietary specifications concerns substitutions. Closed proprietary specifications generally prohibit substitutions, whereas open specifications permit them.

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4
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3.1.4.1.2 Open Proprietary Specifications

Proposed Substitutions. This form of open proprietary specification is prepared in much the same way as a specification requesting. However,are named in the specifications. The bid/proposal must be based on the specified materials, but the bidder/proposer is permitted to submit requests for substitutions, provided the bidder indicates thethat will result if the substitutions are accepted…. If the number of substitutions is unlimited, the task of evaluating and analyzing bids/proposals may .

Controlled Substitutions. In this type of open proprietary specification, specific products are named but substitutions are under procedures specified in Section. A requirement may be met with the specified item or by a similar product that is not necessarily identical but that is alike with respect to performance. This methodduring the development of a specification because needs to be investigated and specified for each requirement.

The requirements and procedures for requesting substitutions are best specified in . This section can be used to define on substitutions,in requesting substitutions, method for requesting substitutions, and procedures.

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3.1.4.1.2 Open Proprietary Specifications

Proposed Substitutions. This form of open proprietary specification is prepared in much the same way as a specification requesting alternates. However, no alternates are named in the specifications. The bid/proposal must be based on the specified materials, but the bidder/proposer is permitted to submit requests for substitutions, provided the bidder indicates the difference in cost that will result if the substitutions are accepted…. If the number of substitutions is unlimited, the task of evaluating and analyzing bids/proposals may become quite large.

Controlled Substitutions. In this type of open proprietary specification, specific products are named but substitutions are Allowed under procedures specified in Section 01 25 13—Product Substitution Procedures. A requirement may be met with the specified item or by a similar product that is not necessarily identical but that is alike with respect to performance. This method saves time during the development of a specification because only one product needs to be investigated and specified for each requirement.

The requirements and procedures for requesting substitutions are best specified in Section 01 25 13—Product Substitution Procedures. This section can be used to define limitations on substitutions, contractor’s representation in requesting substitutions, method for requesting substitutions, and submittal procedures.

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5
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3.1.4.2 Selection of Proprietary Methods

The acceptance of substitutions opens the project to the possibility of accepting products. If the specified item is part of a vital system, the situation may call for a proprietary specification prohibiting substitutions entirely. However, if andare more important than completely assured performance, then substitutions should be permitted.

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3.1.4.2 Selection of Proprietary Methods

The acceptance of substitutions opens the project to the possibility of accepting unknown and perhaps inferior products. If the specified item is part of a vital system, the situation may call for a proprietary specification prohibiting substitutions entirely. However, if keen competition and low construction cost are more important than completely assured performance, then substitutions should be permitted.

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6
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8.1.1 Drawings

Ifare used on drawings, acceptance of a substitution could require revision of eachreference by addendum or contract modification.

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8.1.1 Drawings

If proprietary names are used on drawings, acceptance of a substitution could require revision of each proprietary reference by addendum or contract modification.

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7
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9.3.3 Procedures

However, standard instructions to bidders usually establish time limits within which the bidder/proposer may submit questions or request substitutions.

  • AIA , Instructions to Bidders, stipulates at least 7 days prior to date of receipt of bids.
  • EJCDC , Guide to Preparation of Instructions to Bidders, recommends that questions should be submitted at least 10 days prior to opening of bids.
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9.3.3 Procedures

However, standard instructions to bidders usually establish time limits within which the bidder/proposer may submit questions or request substitutions.

  • AIA Document A701, Instructions to Bidders, stipulates at least 7 days prior to date of receipt of bids.
  • EJCDC C-200, Guide to Preparation of Instructions to Bidders, recommends that questions should be submitted at least 10 days prior to opening of bids.
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8
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7.1.6.3 Cost Plus a Fee—Fixed Fee—Guaranteed Maximum Price

If the owner and contractor have a shared savings clause, the A/E can expect to review​product and system substitutions.

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7.1.6.3 Cost Plus a Fee—Fixed Fee—Guaranteed Maximum Price

If the owner and contractor have a shared savings clause, the A/E can expect to review many product and system substitutions.

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9
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11.4.6.3 00 43 00 Procurement Form Supplements

If substitutions are permitted during procurement, it is helpful to the bidders and proposers to include athat is required to be submitted before or with the bid or proposal.

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11.4.6.3 00 43 00 Procurement Form Supplements

If substitutions are permitted during procurement, it is helpful to the bidders and proposers to include a particular form that is required to be submitted before or with the bid or proposal.

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10
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12.7.1.7 Substitution Requests

To preserve fair and open competition in the construction marketplace, substitution requirements for public projects are generally than in privately funded projects. Therefore, with few exceptions, bidders and subbidders may propose substitutions for most components, subsystems, and systems during the competitive bidding stage in accordance with the instructions to bidders. The A/E needs a reasonable period of time to evaluate substitutions. If a substitution is adjudged acceptable, the A/E will issue to incorporate the substitution into theso that it can be bid as an acceptable equivalent to comparable specified products.

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12.7.1.7 Substitution Requests

To preserve fair and open competition in the construction marketplace, substitution requirements for public projects are generally less restrictive than in privately funded projects. Therefore, with few exceptions, bidders and subbidders may propose substitutions for most components, subsystems, and systems during the competitive bidding stage in accordance with the instructions to bidders. The A/E needs a reasonable period of time to evaluate substitutions. If a substitution is adjudged acceptable, the A/E will issue an addendum to incorporate the substitution into the procurement documents so that it can be bid as an acceptable equivalent to comparable specified products.

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11
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13.9.1.2 Requests for Interpretations

may occasionally be an attempt to make a product, material, or system substitution after expiration of the time limit for submitting requests for substitutions.

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13.9.1.2 Requests for Interpretations

RFIs may occasionally be an attempt to make a product, material, or system substitution after expiration of the time limit for submitting requests for substitutions.

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12
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13.9.3 Substitutions

Substitutions should not be considered when:

  • The substitution request is made as an .
  • The substitution isoron, insubmittals, or as_without a prior formal request being submitted and approved according to Division 01.
  • The submitted substitution request has by the contractor.
  • Acceptance will require of contract documents or other items of the project, unless the participants involved agree toto the contract documents.
  • The substitution request does not include an of the proposed substitution with the specified product.
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13.9.3 Substitutions

Substitutions should not be considered when:

  • The substitution request is made as an RFI.
  • The substitution is Indicated or implied on shop drawings, in product data submittals, or as samples without a prior formal request being submitted and approved according to Division 01.
  • The submitted substitution request has not been reviewed and approved by the contractor.
  • Acceptance will require substantial revision of contract documents or other items of the project, unless the participants involved agree to reimburse costs for changes to the contract documents.
  • The substitution request does not include an itemized comparison of the proposed substitution with the specified product.
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13
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13.9.3.1 Substitutions after Award of Contract

Under certain project delivery methods the owner may encourage the contractor to propose alternatives during the course of construction. This is often allowedand​products and systems

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13.9.3.1 Substitutions after Award of Contract

Under certain project delivery methods the owner may encourage the contractor to propose alternatives during the course of construction. This is often allowed to reduce costs ande valuate alternative products and systems

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14
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13.9.3.2 Substitutions during Construction

Most contracts have very specific procedures for requesting a substitution. Substitutions during construction can be disruptive and should be avoided as much as possible. There are, however, several legitimate scenarios when substitutions during construction may be required or allowable.

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13.9.3.2 Substitutions during Construction

Most contracts have very specific procedures for requesting a substitution. Substitutions during construction can be disruptive and should be avoided as much as possible. There are, however, several legitimate scenarios when substitutions during construction may be required or allowable.

  • Owner-Initiated Substitutions
  • Contractor-Initiated Substitutions
  • Integrated Project Delivery (IPD) Substitutions
  • Unavailability of Product
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15
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13.9.3.3 Evaluation of Substitution Requests

A number of items are considered when evaluating substitutions. Items to consider:

If a request is submitted with inadequate documentation, the request should be andfor.

It is the responsibility of theto research and document the substitution to prove equivalency.

Rejection of the proposed substitution usually requires use of the specified product. Mostandwill hold the, not the , to be responsible as the ultimate judge.

A simple principle applies: the same liability exists whether a product isor is as a .

A

13.9.3.3 Evaluation of Substitution Requests

A number of items are considered when evaluating substitutions. Items to consider:

  • Does it meet the requirements of the contract documents
  • The product
  • the manufacturer
  • the product representative
  • the installation
  • Operating costs
  • Maintenance costs
  • Warranty concerns
  • Equipment operating costs

If a request is submitted with inadequate documentation, the request should be Rejected and returned for resubmittal.

It is the responsibility of the entity requesting the substitution to research and document the substitution to prove equivalency.

Rejection of the proposed substitution usually requires use of the specified product. Most owners and most courts will hold the A/E, not the proposer of the substituted product, to be responsible as the ultimate judge.

A simple principle applies: the same liability exists whether a product is specified or is accepted as a substitution.

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