BILL NUMBER: AB 1086	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 27, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1086, as introduced, Miller. Public contracts: bids.
   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 make findings and declarations regarding the
intent of that provision to encourage contractors and manufacturers
to develop and implement new and ingenuous materials, products, and
services, as specified, at a lower cost to taxpayers and would make
technical, nonsubstantive changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
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) 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. 
    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
ingenuous materials, products, and services that provide the same
functionality as materials, products, and services that are required
by a contract, but at a lower cost to taxpayers.  
   (b) A state agency, a political subdivision, municipal
corporation, or district, and a public officer or person charged with
the letting of contracts for the construction, alteration, or repair
of public works, shall not either 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) 
    (c)  Subdivision  (a)   (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.