Article 4. Bids And Bidders of California Public Contract Code >> Division 2. >> Part 2. >> Chapter 1. >> Article 4.
The department may require from prospective bidders answers
to questions contained in a standard form of questionnaire and
financial statement including a complete statement of the prospective
bidder's financial ability and experience in performing public
works. When completed, the questionnaire and financial statement
shall be verified under oath by the bidder in the manner in which
pleadings in civil actions are verified.
Whenever prequalification is required of any bidder on a contract,
it shall be required for all prospective bidders to that contract.
The department may also require from prospective bidders the
completion, under penalty of perjury, of a standard form of
questionnaire concerning the past safety record of each prospective
bidder, any officer of such bidder, and any managing employee of such
bidder. The department may refuse to prequalify any prospective
bidder who fails to submit a completed questionnaire when required,
or for the reason that the information contained in the submitted
questionnaire or otherwise known to the department indicates a
continuing unsatisfactory safety record.
The director of the department shall prescribe guidelines listing
criteria which will be utilized administratively in determining an
unsatisfactory safety record. A refusal by the department to
prequalify a prospective bidder shall be issued only after the
department has granted such bidder a hearing.
This section shall in no way abridge or restrict the right of the
department to later determine whether the low bidder on a particular
project is the lowest responsible bidder for purposes of award of the
contract, including the holding of hearings thereon.
The Director of Industrial Relations shall approve the standard
form of questionnaire and the guidelines listing criteria which will
be utilized administratively by the department in determining an
unsatisfactory safety record prior to their use by the department.
The department shall require from all prospective bidders
the completion, under penalty of perjury, of a standard form of
questionnaire inquiring whether such prospective bidder, any officer
of such bidder, or any employee of such bidder who has a proprietary
interest in such bidder, has ever been disqualified, removed, or
otherwise prevented from bidding on, or completing a federal, state,
or local government project because of a violation of law or a safety
regulation, and if so to explain the circumstances.
A bid may be rejected on the basis of a bidder, any officer of
such bidder, or any employee of such bidder who has a proprietary
interest in such bidder, having been disqualified, removed, or
otherwise prevented from bidding on, or completing a federal, state,
or local project because of a violation of law or a safety
The department shall adopt and apply a uniform system of
rating bidders, on the basis of the standard questionnaires and
financial statements, in respect to the size of the contracts upon
which each bidder is qualified to bid. When bids for more than one
project are to be received at the same bid opening, the department
may permit a bidder to submit bids for each project within such
bidder's prequalification rating, even though such rating is
insufficient to permit the bidder to be awarded the contract for each
project bid upon.
In no event shall any bidder be awarded a contract if such
contract award would result in the bidder having under contract work
for which prequalification is required in excess of that authorized
by his prequalification rating. In determining whether an award of a
contract would result in a bidder having under contract work in
excess of that authorized by his prequalification rating, the
department may use its estimated cost of such contract rather than
the amount of the bidder's bid. If the department determines that a
bidder would be awarded the contract for two or more projects but
cannot be awarded the contract for all such projects because of the
inadequacy of his prequalification rating, the department shall
determine which of the bids of such bidder are to be accepted and the
contract awarded thereon and which of the bids of such bidder are to
be disregarded. In making its decision the department shall be
guided by the combination of contract awards which will result in the
lowest total cost for the projects involved.
In all state projects where federal funds are involved, no
bid submitted shall be invalidated by the failure of the bidder to be
licensed in accordance with the laws of this state. However, at the
time the contract is awarded, the contractor shall be properly
licensed in accordance with the laws of this state. The contract
shall not be awarded unless the state agency has verified that the
contractor has a valid license in the appropriate classification for
the work performed. Any bidder or contractor not so licensed shall be
subject to all legal penalties imposed by law, including, but not
limited to, any appropriate disciplinary action by the Contractors
State License Board. The department shall include a statement to that
effect in the standard form of prequalification questionnaire and
financial statement. Failure of the bidder to obtain proper and
adequate licensing for an award of a contract shall constitute a
failure to execute the contract as provided in Section 10181 and
shall result in the forfeiture of the security of the bidder.
The questionnaires and financial statements are not public
records and are not open to public inspection.
The department shall furnish to each bidder a standard
proposal form, which, when filled out and executed may be submitted
as his bid. Bids not presented on forms so furnished shall be
disregarded. The department shall not furnish proposal forms to any
person who is required to submit and has not submitted a
questionnaire and financial statement for prequalification at least
five days prior to the date fixed for publicly opening sealed bids
and been prequalified for at least one day prior to that date.
(a) All bids shall be presented under sealed cover and
accompanied by one of the following forms of bidder's security:
(1) An electronic bidder's bond by an admitted surety insurer
submitted using an electronic registry service approved by the
department advertising the contract.
(2) A signed bidder's bond by an admitted surety insurer received
by the department advertising the contract.
(3) Cash, a cashier's check, or certified check received by, and
made payable to, the director of the department advertising the
(b) The required bidder's security shall be in an amount equal to
at least 10 percent of the amount bid. A bid shall not be considered
unless one of the forms of bidder's security is enclosed with it.
(c) All bids submitted pursuant to this section shall also comply
with the provisions of Section 1601 of the Public Contract Code.
Whether or not bids are opened exactly at the time fixed in
the public notice for opening bids, a bid shall not be received after
Any bid may be withdrawn at any time prior to the time fixed
in the public notice for the opening of bids only by written request
for the withdrawal of the bid filed with the director of the
department or the chief of the division under which the work is to be
performed. The request shall be executed by the bidder or his duly
authorized representative. The withdrawal of a bid does not prejudice
the right of the bidder to file a new bid.
This section does not authorize the withdrawal of any bid after
the time fixed in the public notice for the opening of bids.