Public Work and Public PurchasesAntitrust Claims
Section § 4550
This section defines important terms related to public purchasing in California. A "public purchase" refers to buying goods, services, or materials through competitive bidding by the state or its agencies. A "public purchasing body" is the state or the agency involved in making the purchase.
Section § 4552
When someone submits a bid to supply goods or services to a government agency, they're agreeing to hand over any legal claims they might have related to anti-competitive practices concerning that purchase. This includes claims under specific federal and state laws about price-fixing or monopolistic behavior. The transfer of these claims becomes effective when the government agency pays in full for the goods or services.
Furthermore, this requirement must be clearly stated in the bidding documents and agreements.
Section § 4553
If a company or individual, who has assigned a legal claim about a contract to a government body, receives money from a legal judgment or settlement, they can be reimbursed for actual legal expenses they paid. They can also demand some of the recovered money, including extra damages for overcharging, unless there are expenses related to getting that money back.
This rule must be clearly stated in all government contract documents and bids.
Section § 4554
In California, if you assign a legal claim (cause of action) to someone else (assignee), you can demand in writing that they give it back within a year if you have been or could be harmed by the violation of law but the assignee hasn't been harmed or decides not to go to court over it. Also, when the state is involved in contracts, this rule must be clearly included in any public purchase specifications and bid agreements.