BILL ANALYSIS
AB 635
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 635 (Accountability and Administrative Review Committee)
As Amended August 20, 2010
2/3 vote. Urgency
-----------------------------------------------------------------
|ASSEMBLY: | |(May 14, 2009) |SENATE: |33-1 |(August 27, |
| | | | | |2010) |
-----------------------------------------------------------------
(vote not relevant)
------------------------------------------------------------------------
|COMMITTEE VOTE: |10-0 |(August 30, 2010) |RECOMMENDATION: |concur |
| | | | | |
------------------------------------------------------------------------
Original Committee Reference: G.O.
SUMMARY : Requires an architect, engineer, or roofing consultant to
disclose financial relationships with persons in connection with a
public school or community college roofing project contract, and
redefines equal substitutes allowed for specific roofing materials.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Require an architect, engineer, or roofing consultant to disclose
financial relationships with persons in connection with a public
school or community college roofing project contract and to
complete and sign a certification, as specified, stating that he
or she has not received or will not receive or give financial
incentives, to or from a person in connection with the roofing
project contract, when a bid is awarded.
2)Impose a civil penalty of $1,000 against an architect, engineer,
or roofing consultant who falsifies a certification or fails to
disclose a financial relationship in a certification.
3)Define a roofing material as equal if all the following
conditions are met:
a) The item is at least equal in quality, durability, design,
AB 635
Page 2
and appearance but not necessarily of an identical color;
b) The item will perform the intended function at least
equally well; and,
c) The item conforms substantially, even with deviations, to
the detailed requirements contained in the specifications.
4)Require that the specifications for any roof project be designed
to promote competition.
5)Exempt school districts and community colleges from the
provisions of this bill when emergency works of improvement are
necessary.
6)Allow an individual to report bid rigging by involving local
entities to the Attorney General or the Bureau of State Audits
Whistleblower Hotline.
7)Define the following terms for the purposes of this bill:
a) "Architect" means an architect who has a current license
issued by the state;
b) "District" means a school district with an average daily
attendance greater than 2,500 or a community college district;
c) "Engineer" means an engineer who has a current license
issued by the state;
d) "Public facility" means a public school or community
college;
e) "Roofing consultant" means a consultant who is registered
by RCI (formerly Roof Consultants Institute);
f) "Roof project" means a project for the replacement or
repair of a roof of a public facility, except that "roof
project" does not include a project for the repair of 25% or
less of the roof or a repair project that has a total cost of
$21,000 or less; and,
g) "Substitute" or "substitution" means a material, product,
AB 635
Page 3
thing, or service proposed by a bidder to be an adequate
substitute material, product, thing, or service that is equal
to an item designated in specifications.
8)Add an urgency clause.
EXISTING LAW :
1)Prohibits a state agency, political subdivision, municipal
corporation, district, or public officer responsible for letting
a public works contract from drafting bid specifications that
limits the bidding to any one concern or product, unless the
specification is followed by the words "or equal."
2)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 product or services to be provided under the contract is
equal to the services or product identified in the bid
specification.
AS PASSED BY THE ASSEMBLY , this bill required that a state or local
agency, including a city, county, city and county, or district,
shall not prohibit a firefighter from using an air purifying device
during a wild land fire.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved provisions of this bill were deleted. This
bill, as amended in the Senate is inconsistent with Assembly
Actions.
This bill originated from a June 30, 2010, hearing held by the
Assembly Accountability and Administrative Review Committee. The
Committee found that there was limited competition in public
projects to replace roofs because of alleged big rigging taking
place that favored certain roofing material vendors, resulting in
increased contract costs.
Current law prohibits an entity letting a bid from requiring public
works bid specifications that require specific brand materials or
that limits bidding to one material, product, or service, unless an
"or equal" clause is applied, allowing bidders to provide equal
AB 635
Page 4
materials, products, or services as a substitute. The bid
specifications must also provide a time period prior to, after, or
prior to and after, the award of a contract, for a contractor to
submit data substantiating that items are equal when requesting
permission to use substitutes. If no time period is specified,
data may be submitted any time within 35 days after the award of a
contract.
Existing law allows contractors who are not awarded a contract to
file a bid protest.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916) 319-3301
FN: 0006845