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

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 instead require these bid specifications to provide a period of time after the award of the contract for the submission of data substantiating a request for a substitution of "an equal" item, but would allow a solicitation for bids to require the submission of data substantiating a request for substitution of an equal item prior to the bid submission deadline only if the solicitation establishes a procedure for submission, evaluation, and determination, as provided. This bill would require the proponent of a proposed equal item submitted under that procedure to bear the burden of proof that the proposed item is equal to what is required by the bid specifications.