Existing law prohibits a state agency, political subdivision, municipal corporation, or district from drafting specifications for bids, in connection with the construction, alteration, or repair of public works, 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. Existing law provides that, for a project for the repair or replacement of a roof of a public school or community college, a material, product, thing, or service shall be considered equal if it meets certain requirements, and requires specifications for any roof project to be designed to promote competition.

This bill would extend those requirements imposed on public schools and community colleges for roof projects to state universities and facilities owned or operated by the state and would define “district or governmental body” for purposes of its provisions, to mean a school district, community college district, state university, or state agency. The bill would require, if a substitution is offered in a bid for a roof project, the district or governmental body to require a decision on whether the proposed substitution is “equal” to be made by an independent architect, engineer, or roofing consultant, who would be subject to specified disclosure requirements and civil penalties for failure to disclose, and these same requirements would be imposed on the materials manufacturer, contractor, or vendor, as specified. The bill would also require specifications for such a roof project to contain certain information regarding manufacturers, and would prohibit specifications for proprietary installation, products, or warranty from being included, unless specified conditions are met.

The bill would authorize the State Allocation Board, the Office of Public School Construction, and the Department of General Services to provide educational programs, information, or online material on California bidding statutes to state government administrators. The bill would additionally require a district or governmental body to publish on its Internet Web site the specifications for a roof project, in accordance with certain criteria. By imposing new duties on local government agencies with respect to the publication of this material, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.