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Governor Newsom's administration was also questioned by the media and some state lawmakers about striking a deal without seeking bids from other companies. They responded by saying the early days of the pandemic were the "wild west," and securing personal protective equipment was difficult at best.

The Governor's Office of Emergency Services early on declined to discuss the terms of the agreement and suggested doing so would put delivery of the masks in jeopardy and only slowly released details later.

Now, BYD, which was forced to refund some of California's money, has missed an extended May 31st deadline to secure federal certification for the masks. State officials are trying to decide whether to give the company an extension or ask for a full refund.