SECTIONS 4550-4554 - California Statutes

GOVERNMENT CODE

SECTION 4550-4554

4550. As used in this chapter:
(a) "Public purchase" means a purchase by means of competitive
bids of goods, services, or materials by the state or any of its
political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
(b) "Public purchasing body" means the state or the subdivision or
agency making a public purchase.

4552. In submitting a bid to a public purchasing body, the bidder
offers and agrees that if the bid is accepted, it will assign to the
purchasing body all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with
Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or
services by the bidder for sale to the purchasing body pursuant to
the bid. Such assignment shall be made and become effective at the
time the purchasing body tenders final payment to the bidder.
The preceding provisions of this section shall be included in full
in any specifications for the public purchase and shall be included
in full in the bid agreement or general provisions incorporated into
the bid agreement.

4553. If an awarding body or public purchasing body receives,
either through judgment or settlement, a monetary recovery for a
cause of action assigned under this chapter, the assignor shall be
entitled to receive reimbursement for actual legal costs incurred and
may, upon demand, recover from the public body any portion of the
recovery, including treble damages, attributable to overcharges that
were paid by the assignor but were not paid by the public body as
part of the bid price, less the expenses incurred in obtaining that
portion of the recovery.
In state contracts, the preceding provisions of this section shall
be included in full in any specifications for the public purchase
and shall be included in full in the bid agreement or general
provisions incorporated into the bid agreement.

4554. Upon demand in writing by the assignor, the assignee shall,
within one year from such demand, reassign the cause of action
assigned under this part if the assignor has been or may have been
injured by the violation of law for which the cause of action arose
and (a) the assignee has not been injured thereby, or (b) the
assignee declines to file a court action for the cause of action.
In state contracts, the preceding provisions of this section shall
be included in full in any specifications for the public purchase
and shall be included in full in the bid agreement or general
provisions incorporated into the bid agreement.