Bill Text: CA AB1212 | 2013-2014 | Regular Session | Introduced

California Assembly Bill 1212 (Prior Session Legislation)

Introduced

Bill Title: Public contracts: bids: "or equal" materials or service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1212 Detail]

Download: California-2013-AB1212-Introduced.html

BILL NUMBER: AB 1212	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 22, 2013

   An act to amend Section 3400 of the Public Contract Code, relating
to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1212, as introduced, Levine. Public contracts: bids: "or equal"
materials or service.
   Existing law prohibits, except in specified circumstances, a state
agency, political subdivision, municipal corporation, district, or
public officer responsible for letting a public works contract from
drafting bid specifications for that contract in a manner that limits
the bidding to any one concern or product, unless the specification
is followed by the words "or equal." Existing law requires that these
bid specifications provide a period of time prior to or after, or
prior to and after, the award of the contract to allow the contractor
to submit data that demonstrates that a concern or product to be
provided under the contract is equal to the concern or product
identified in the bid specification.
   This bill would prohibit these bid specifications from requiring a
bidder to provide submission of data substantiating a request for a
substitution of "an equal" item prior to the bid or proposal
submission deadline.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3400 of the Public Contract Code is amended to
read:
   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)  (1)    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. 
   (2) Notwithstanding paragraph (1), specifications shall not
require a bidder to provide submission of data substantiating a
request for a substitution of "an equal" item prior to the bid or
proposal submission deadline. 
   (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.