Many general contracts contain language, either in the general conditions or in the bid documents themselves, requiring that substitutions be submitted within a certain number of days after contract award, or after the bid, or even with the bid. This will be the first line of attack on the submittal for any product that was not named in the specification.
Because of the realities of project buyout logistics, it is usually improbable that all bid items will be bought within those usually very short time periods and that it will be practically possible to secure all project submittals within such aggressive time frames. The other hurdle will be the treatment of the submittal itself, whether or not it satisfies any “substitution” time requirement. The designer is simply going to want what was specified, for good or bad reasons. Be prepared, therefore, for an uphill battle. Consider Section 3.5.16, Proprietary Specifications, for related discussion.
Better contracts will go on to define exactly what products will be considered “equal,” and what will be considered a “substitution.” Know in every case precisely what the contract language is, and deal with it directly. In the absence of such clear definitions, the following are the operative ideals:
Equal. The recognized equivalent in substance, form, and function, considering quality, workmanship, economy of operation, durability, and suitability for the purpose intended, and not constituting a change in the work.
Example: If a 2 × 6 16-ga. structural steel stud manufactured by ABC Corp. is specified, a 2 × 6 16-ga. structural steel stud manufactured by XYZ Corp. should be considered an equal.
Substitution. A replacement for the specified material, device, or equipment which is sufficiently different in substance and function to be considered a change in the work.
Example: If a 2 × 6 16-ga. structural steel stud manufactured by ABC Corp. is specified, a 2 × 6 Douglas fir stud should be considered a substitution.
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