Common use of Standards of Quality Clause in Contracts

Standards of Quality. Where trade names, catalog number and manufacturers of material or equipment are specified, they are mentioned for the purpose of establishing a standard of quality, performance, and appearance, and for establishing a standard of competitive bidding. If the Contractor wishes to utilize material or equipment that is of the same type, but manufactured by others than those named in the specifications, the Contractor shall certify that the material or the equipment is equal in quality, performance and appearance to that mentioned in the specifications. The Contractor shall submit to the Professional and the Department, subsequent to the Award of Contract, a request to install such material or equipment. The Contractor's request shall include a comprehensive description of the material or equipment proposed to be utilized as an equal, including engineering, construction, and dimension and performance data. Within thirty (30) days after receipt of the Contractor's request, the Professional will render a written determination to the Contractor, which is final. If the Contractor refuses or fails to proceed as directed by the Professional, the Department may declare the Contractor in default. The Contractor may file a claim for additional costs resulting from this decision.