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Committee releases A868 after debate over applying gender-pay equity in bids
Summary
A868, which would factor bidders' gender pay equity reports into contract awards, was released by the committee after testimony warned the evaluation could be subjective and allow higher bids to win based on 'wordsmithing.' The committee voted to release the bill.
A State Assembly committee voted to release A868, a bill that would require bidders on state contracts to be evaluated on a report of gender-based pay equity and job-equality standards as part of procurement evaluations.
Sam Woodman testified in opposition, saying the proposed scoring system is subjective and could let firms "wordsmith" their reports to gain an advantage and even bid higher than the low offer. Woodman warned this could move the state away from price-conscious procurement and suggested affidavits attesting compliance instead of a scored report.
Other testifiers and members countered that the report would be only one factor among price and other considerations and that similar businesses would be evaluated against the same criteria. A presenter noted compensation comparisons should control for years of service, experience and education.
The committee moved and took a roll-call vote; Assemblyman Bergen and Assemblyman Simonson voted no, and a majority voted to release the bill to the next stage.
What happens next: A868 was released by the committee and will proceed through the legislative process; details of implementing rules and the scoring rubric would be developed by the administering division if the measure advances.
