BILL NUMBER: SB 110	CHAPTERED  08/11/03

	CHAPTER  233
	FILED WITH SECRETARY OF STATE  AUGUST 11, 2003
	APPROVED BY GOVERNOR  AUGUST 9, 2003
	PASSED THE SENATE  JULY 24, 2003
	PASSED THE ASSEMBLY  JULY 17, 2003
	AMENDED IN ASSEMBLY  JULY 14, 2003
	AMENDED IN SENATE  APRIL 1, 2003

INTRODUCED BY   Senator Margett

                        JANUARY 30, 2003

   An act to amend Sections 3400 and 10129 of the Public Contract
Code, relating to public contracting.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 110, Margett.  Public contracts:  contract specifications.
   Existing law provides that a state agency, political subdivision,
municipal corporation, district, or public officer responsible for
letting public works contracts may not draft bid specifications in a
manner that limits the bidding to any one concern or product, except
under certain circumstances.  Existing law authorizes a bid
specification of a certain product if the awarding authority makes a
finding that a particular material or service is designated by a
brand or trade name, either to make a field test or to match a
material or service in use on a particular public improvement.
   This bill would also authorize a bid specification of a certain
product if the awarding authority makes a finding that a particular
material or service is designated by a brand or trade name in order
to obtain a necessary item that is only available from one source or
to respond to a local or state declared emergency.
   This bill would declare that the changes made by this bill codify
existing California case law.


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) 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.
   (b) Subdivision (a) 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.
  SEC. 2.  Section 10129 of the Public Contract Code is amended to
read:
   10129.  (a) Notwithstanding Section 3400, no agency of the state
charged with the letting of contracts for the construction,
alteration, or repair of public works may 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 awarding
authority 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.
   (b) Subdivision (a) 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) 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.
  SEC. 3.  The amendments made by this act to subdivision (b) of
Sections 3400 and 10129 of the Public Contract Code are intended to
codify, and not to change the application of, existing California
case law.