(a)
In general— Notwithstanding Federal procurement requirements, an engineer, in accordance with State and local procurement requirements, for a public agency that receives funds from the Federal Highway Administration, the Army Corps of Engineers, the Environmental Protection Agency, or the Department of Agriculture shall have maximum flexibility to select appropriate construction materials that meet the performance requirements of the contract and that allows open and free competition among suppliers of construction materials.
(b)
Construction material— After the date of enactment of this Act, a State or local government may not prohibit or restrict any engineer referenced in subsection (a), from using a particular construction material. Before a procurement is made, a clear description of the performance requirements for construction materials shall be disclosed in the request for proposals.
(c)
No restriction— Nothing in this section shall limit the professional judgment of a project engineer to specify or select any acceptable material based on the performance requirements for a particular project.