Article 5. Preference For Materials of California Public Contract Code >> Division 2. >> Part 1. >> Chapter 3. >> Article 5.
(a) The Legislature finds and declares that it is the intent
of this section to encourage contractors and manufacturers to develop
and implement new and ingenious materials, products, and services
that function as well, in all essential respects, as materials,
products, and services that are required by a contract, but at a
lower cost to taxpayers.
(b) No agency of the state, nor any political subdivision,
municipal corporation, or district, nor any public officer or person
charged with the letting of contracts for the construction,
alteration, or repair of public works, shall draft or cause to be
drafted specifications for bids, in connection with the construction,
alteration, or repair of public works, (1) in a manner that limits
the bidding, directly or indirectly, to any one specific concern, or
(2) calling for a designated material, product, thing, or service by
specific brand or trade name unless the specification is followed by
the words "or equal" so that bidders may furnish any equal material,
product, thing, or service. In applying this section, the specifying
agency shall, if aware of an equal product manufactured in this
state, name that product in the specification. Specifications shall
provide a period of time prior to or after, or prior to and after,
the award of the contract for submission of data substantiating a
request for a substitution of "an equal" item. If no time period is
specified, data may be submitted any time within 35 days after the
award of the contract.
(c) Subdivision (b) is not applicable if the awarding authority,
or its designee, makes a finding that is described in the invitation
for bids or request for proposals that a particular material,
product, thing, or service is designated by specific brand or trade
name for any of the following purposes:
(1) In order that a field test or experiment may be made to
determine the product's suitability for future use.
(2) In order to match other products in use on a particular public
improvement either completed or in the course of completion.
(3) In order to obtain a necessary item that is only available
from one source.
(4) (A) In order to respond to an emergency declared by a local
agency, but only if the declaration is approved by a four-fifths vote
of the governing board of the local agency issuing the invitation
for bid or request for proposals.
(B) In order to respond to an emergency declared by the state, a
state agency, or political subdivision of the state, but only if the
facts setting forth the reasons for the finding of the emergency are
contained in the public records of the authority issuing the
invitation for bid or request for proposals.
Any public entity, as defined in Section 1100, including any
school district or community college district, when purchasing food,
shall give preference to United States-grown produce and United
States-processed foods when there is a choice and it is economically
feasible to do so. For purposes of this section, the determination of
"economically feasible" shall be made by the purchasing public
entity, considering the total cost, quantity, and quality of the food
and the budget and policies of the entity.