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CA SB1516
Bill
AI Summary
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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.
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Establishes that data demonstrating equivalency must be submitted after contract award, with a default 35-day submission period if no timeframe is specified.
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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.
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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.
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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