Woo Safety Bd Q17-ACT

[hnQ_9999]

In Woo Safety bd, there is a Q regarding QAQC of ACT installation that said:
"Architect can specify in Spec requiring manuf. tech rep to be on-site at installation."
Q1: Is this normal ? What if the rep is no show, what should GC do, accordingly to Contract ?
If this delays the Work, I assume GC can file CO for extra time ?
And for God shake, what if the rep will NEVER show ?

Q2: Which of the following is "Open Spec" per Public Contract Code ?
(this is NOT a real test question, I REALLY need to get pass this confusion)
a: Spec said: "ACT to be Simpson Lite 3024 or approved equal"
b: Spec said: "ACT to be Simpson Lite 3024 or 1) Lynix 2016, 2) Syntha 2343, 3) Pretex or approved equal".
c: Spec said: "ACT to be as per ASTM.1234"
d: Spec said: "ACT per GC submission and be approved by architects"
I am pretty sure about (c), but clueless about (a) and (b) or (d). If (c) is the answer then spec for Pub Proj would
simply be said "performance specification", wouldn't it be easier to understand ?
Thx

[adventurer4hire]

Q1: Is this normal ?

I don't know how normal it is, but I have seen this done with an interior designer who I work with. She often specs exotic things and the builders need help understanding it, fabricating it, installing it, etc. I work with her almost everyday, so it is normal for me...

If this delays the Work, I assume GC can file CO for extra time ?

Yes

And for God shake, what if the rep will NEVER show ?

They show up. They want to make a sale. In the rare instance that they are a no show, then you find someone else or something else to substitute.

Q2: Which of the following is "Open Spec" per Public Contract Code ?

A & C. And I guess B also if the product is made in the state. See the exact wording below in my quote.

Here is a quote from the Public Contract Code:
ARTICLE 5. Preference for Materials [3400 - 3410]  ( Article 5 added by Stats. 1983, Ch. 256, Sec. 81. )
3400.
  (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.

[hnQ_9999]

Thank you adventure4hire for this post and other response to my posts.
I have to keep up with your study, for sure. Good luck in your test if you have not passed it already.

About (b), I think it is not qualified for PCC, because nowadays everything is
manufactured in the "State of China", ha ha ha...