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CA SB1516

Bill

Status

Engrossed

5/25/2012

Primary Sponsor

Mark Leno

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Requires state agencies and public entities to include "or equal" language in public works bid specifications to allow substitution of equivalent materials, products, or services unless specific exemptions apply.

  • Establishes that data demonstrating equivalency must be submitted after contract award, with a default 35-day submission period if no timeframe is specified.

  • Permits bid solicitations to require pre-bid submission of equivalency data only if the solicitation establishes a formal procedure for submission, evaluation, and determination completed at least 10 business days before the bid deadline, with all submissions kept confidential until contract award.

  • Places burden of proof on the proponent of a proposed equal item to demonstrate equivalency, with prevailing parties in litigation entitled to recover reasonable attorney's fees and expert costs.

  • Maintains exemptions allowing specific brand or trade name designation for field tests, matching existing products, sole-source items, and declared emergencies.

Legislative Description

Public contracts: bids: "or equal" materials or service.

Last Action

Set, first hearing. Hearing canceled at the request of author.

6/26/2012

Committee Referrals

Appropriations4/24/2012
Governmental Organization4/12/2012
Rules2/24/2012

Full Bill Text

No bill text available