San Jose Municipal Code Part 2 Exceptions to "or Equal" Requirement

Notwithstanding anything to the contrary in this Chapter 27.20, the Director may require the Contractor to use only the designated material or product in accordance with this Part 2.

(Ord. 30308.)

To require a Contractor to use only the designated material or product, the Director must make a written finding that the material or product is designated for at least one of the following purposes:

A. To conduct a field test or experiment to determine suitability of the material or product for City use;

B. To match other materials or products already in use by the City, including, but not limited to, technology purchases required to achieve interoperability with existing hardware, software, systems or programs;

C. To obtain a necessary material or product that is available only from one source;

D. To respond to an imminent threat of harm to the health, safety or welfare of one or more persons as the result of an emergency; or

E. To achieve significant cost savings based upon consideration of the following factors:

1. Timeliness and quality of installation, repair and maintenance;

2. Quality of user training;

3. Supplies and replacement parts;

4. Modification of existing equipment, materials or systems;

5. Future upgrades and updates;

6. Estimated amount and cost of reasonably foreseeable future purchases of equipment that would be required to be compatible or functional with the designated manufacturer or product; and

7. Administrative costs.

(Ord. 30308.)

The Director must include in the procurement documents the written finding(s) made in accordance with Section 27.20.110.

(Ord. 30308.)