Loss Leader Language - 602

Pursuant to Public Contract Code, Section 12104.5(b)(1) all RFPs for IT goods and/or services, and pursuant to Public Contract Code, Section 10302(b)(1), every solicitation for non-IT goods, shall contain the following statement:

“It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.”

The above statement shall be deemed to be part of a solicitation even if the statement is inadvertently omitted from the RFP (Public Contract Code, § 12104.5(b)(4)) or solicitation (Public Contract Code, § 10302(b)(4)).

EXCLUSIONS:

The following acquisitions do not require loss leader language:

• Acquisitions made using Leveraged Procurement Agreements
• Acquisitions made using Fair and Reasonable method
• Acquisitions made using the SB Option or DVBE Option