BRAND OR TRADE NAMES. Pursuant to California Public Contract Code section 3400, the contract does not require the Contractor to supply specific brand or trade name material, product, or services,, except for services by the Contractor or by subcontractors listed pursuant to California Public Contract Code sections 4100 et seq. Whenever an item is specified by brand, trade name, or specific entity, the item shall be deemed to be followed by the term “or equal” unless the specifications provide that use of the item listed is necessary, in the public interest or to match other similar items already used or to be used.
BRAND OR TRADE NAMES. When a brand name or names are listed, it or they shall be construed to be followed by the words “or approved equal” whether or not those words in fact follow the brand name or names in the specifications. Any product meeting this specified standards in the District’s judgment will quality as a substitute for the specified work. In the case that an item listed in the specification is specified by only one brand name or trade name, the District’s research has indicated that the item has a unique or novel product application. Where District is aware of two or more equal products, at least two trade names will be listed. Exact compliance with specified brand or trade name products is required unless an amendment is issued. All requests to substitute must be in writing directed to the District’s Director of Facilities. Contractor must supply the brand name, model number and other information to substantiate that the substitute item is equal to the item specified. District retains the right, in its sole discretion, to approve the item required for substitution as “an equal” or to determine that the item is not equal to the item specified, or to request further substantiating information.
BRAND OR TRADE NAMES. 9.4.1 Unless Owner has made a finding under Public Contract Code Section 3400(c), whenever the Contract Documents specify any materials, products, things, or services by brand, trade, or proprietary name, by patent, or by manufacturer, such specifications shall be deemed to be a measure of quality and utility or a standard and shall be deemed to be followed by the words “or equal”.
BRAND OR TRADE NAMES. Attention of the Contractor is directed to the Government Code, which must be complied with as to brand or trade name products. Whenever in the specifications brand or trade name products are specified in writing, the words ‘or approved equal’ are to be assumed included. Exact compliance with specified brand or trade name products is required unless the District issues a written amendment. All requests to substitute must be in writing directed to the District’s applicable representative. Contractor must provide for District’s approval, the brand name, model number (including drawings and specifications) or other relative information on any proposed product or equipment to be supplied by the Contractor.
