BILL ANALYSIS
AB 1086
Page 1
ASSEMBLY THIRD READING
AB 1086 (Miller)
As Amended May 18, 2009
Majority vote
BUSINESS & PROFESSIONS 11-0
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|Ayes:|Hayashi, Emmerson, | | |
| |Conway, Eng, | | |
| |Hernandez, Nava, Niello, | | |
| |John A. Perez, Price, | | |
| |Ruskin, Smyth | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Makes findings and declarations that it is
legislative intent 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.
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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS : According to the author's office, "AB 1086
strengthens and reaffirms legislative intent behind Public
Contract Code Section 4300 known as the 'or-equal statute,' by
AB 1086
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inserting legislative findings which clarify the intent of the
code section to encourage product and service development at a
decreased cost to taxpayers."
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 materials, products, or services as a
substitute. Revising the legislative intent from encouraging
contractors and manufacturers to create substitutes that
"provide the same functionality" to substitutes that "function
as well, in all essential respects" does not change existing
law, and it is unclear why this legislation is necessary.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301
FN: 0000847