BILL NUMBER: AB 2156	CHAPTERED  09/27/00

	CHAPTER   690
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 29, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   MARCH 30, 2000

INTRODUCED BY   Assembly Member Pescetti

                        FEBRUARY 23, 2000

   An act to add Section 10129 to the Public Contract Code, relating
to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2156, Pescetti.  Public contracts:  bidding requirements.
   Existing law provides that no state agency, municipal corporation,
district, nor public officer responsible for letting public work
contracts shall limit the bidding to any one concern or product,
except as provided.  Specification of a certain product is allowed in
those instances where the product is designated to match others in
use on a particular public improvement, unless the specification
lists at least 2 brands or trade names of comparable quality and is
followed by the words "or equal" so that bidders may furnish any
equal products.  Existing law requires specifications to provide a
period of time prior to the award of the contract for submission of
data substantiating a request for a substitution of "an equal" item.

   This bill instead would require, with respect to state agencies,
specifications to provide a period of time for submission of data
prior to or after the award of the contract.  The bill would provide
that if no time period is specified, data may be submitted for 35
days after the award of the contract.


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


  SECTION 1.  Section 10129 is added to the Public Contract Code, 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 as to limit
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 lists at least
two brands or trade names of comparable quality or utility and 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.
In those cases involving a unique or novel product application
required to be used in the public interest, or where only one brand
or trade name is known to the awarding authority, it may list only
one.  Specifications shall provide a period of time prior to or 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
makes a finding that is described in the specifications that a
particular material, product, thing, or service is designated by
specific brand or trade name for either 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.