Article 4. Bids And Bidders of California Public Contract Code >> Division 2. >> Part 2. >> Chapter 2.5. >> Article 4.
The trustees may require, and on contracts the estimated
cost of which exceeds the value of a minor capital outlay project for
which, pursuant to the first paragraph of Section 10108, the
services of the Department of General Services are not required and a
state agency or department is authorized to carry out its own
project, the trustees shall 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 projects. 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.
The trustees 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.
In all projects for road, street, and bridge work where
federal funds are involved and where a bidder is required to be and
has been prequalified pursuant to Sections 10760 and 10761, no bid
submitted or contract thereafter awarded shall be invalidated by the
failure of the bidder or contractor to be properly licensed in
accordance with the laws of this state, nor shall any such contractor
be denied payment under any such contract because of such failure;
provided, however, that the first payment for work or material under
such contract shall not be made by the Controller unless and until
the Registrar of Contractors certifies to him that the records of the
Contractors' State License Board indicate that such contractor was
or became properly licensed between the time of bid opening and the
making of the certification. Any bidder or contractor not so licensed
shall be subject to all legal penalties imposed by such laws,
including, but not limited to, any appropriate disciplinary action by
the Contractors' State License Board, and the trustees shall include
a statement to that effect in the standard form of prequalification
questionnaire and financial statement.
The questionnaires and financial statements are not public
records and are not open to public inspection.
The trustees shall furnish to each bidder a standard
proposal form, which, when filled out and executed, may be submitted
as the bid. Bids not presented on forms so furnished shall be
disregarded. The trustees 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: cash,
a cashier's check, certified check, or a bidder's bond executed by
an admitted surety insurer, made payable to the trustees. The
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.
(b) A bid described in subdivision (a) may be submitted
electronically in accordance with Section 1601, but only if the
bidder submits the bidder's security required by subdivision (a)
within 24 hours after the opening of bids.
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 trustees. The request
shall be executed by the bidder or his or her 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.