12 Miss. Code. R. 3-2.1-1-01630-1.04 - SUBSTITUTIONS

A. Professional will not consider requests for substitutions during bidding.

B. Within thirty (30) days after the Contract has been signed, the Professional will consider formal requests from the Contractor for substitution of products in place of those specified. Submit five (5) copies of the request for substitutions. Include in the request:

1. Complete data substantiating compliance of proposed substitutions with Contract Documents.

2. For products:

a. Product identification including Manufacturer's name and address.

b. Manufacturer's literature: Product description, performance and test data and reference standards.

c. Samples.

d. Name and address of similar products on which product was used and date of installation.

3. For construction methods:

a. Detailed description of proposed method.

b. Drawings illustrating methods.

4. Itemized comparison of proposed substitutions with product or method specified.

5. Data relating to changes in construction schedule.

6. Accurate cost data on proposed substitution in comparison with product or method specified.

C. In making request for substitution, Contractor represents:

1. Proposed product, or method, has been investigated and determined that it is equal or superior in all respects to that specified.

2. The same guarantee will be provided for substitutions as for product or method specified.

3. Installation of accepted substitutions will be coordinated into the Work, making such changes required of work to be compete in all respects.

4. All claims for additional costs related to substitution which consequently become apparent will be waived.

5. Cost data is complete and includes all related costs under the Contract.

D. Substitutions will not be considered if:

1. Indicated, or implied, on shop drawings or product data submittals without formal request submitted in accordance with this Section.

2. Acceptance will require substantial revision of Contract Documents.

3. In the Professional's judgment, the product, or material, is not equal.

Notes

12 Miss. Code. R. 3-2.1-1-01630-1.04