Section 10780.5 Of Article 5. Award Of Contracts From California Public Contract Code >> Division 2. >> Part 2. >> Chapter 2.5. >> Article 5.
10780.5
. The trustees may require a bid for a public works contract
to include prices for items that may be added to, or deducted from,
the scope of work in the contract for which the bid is being
submitted. Whenever additive or deductive items are included in a
bid, the bid solicitation shall specify which one of the following
methods will be used to determine the lowest bid. In the absence of
such a specification, only the method provided by subdivision (a)
will be used:
(a) The lowest bid shall be the lowest bid price on the base
contract without consideration of the prices on the additive or
deductive items.
(b) The lowest bid shall be the lowest total of the bid prices on
the base contract and those additive or deductive items that were
specifically identified in the bid solicitation as being used for the
purpose of determining the lowest bid price.
(c) The lowest bid shall be the lowest total of the bid prices on
the base contract and those additive or deductive items that, when
taken in order from a specifically identified list of those items in
the solicitation, and added to, or subtracted from, the base
contract, are less than, or equal to, a funding amount publicly
disclosed by the trustees before the first bid is opened.
(d) The lowest bid shall be determined in a manner that prevents
any information that would identify any of the bidders or proposed
subcontractors or suppliers from being revealed to the public entity
before the ranking of all bidders from lowest to highest has been
determined.
A responsible bidder who submitted the lowest bid as determined by
this section shall be awarded the contract, if it is awarded. This
section does not preclude the trustees from adding to or deducting
from the contract any of the additive or deductive items after the
lowest responsible bidder has been determined.
(e) Nothing in this section shall preclude the prequalification of
subcontractors.