Section 4107.5 Of Chapter 4. Subletting And Subcontracting From California Public Contract Code >> Division 2. >> Part 1. >> Chapter 4.
4107.5
. The prime contractor as a condition to assert a claim of
inadvertent clerical error in the listing of a subcontractor shall
within two working days after the time of the prime bid opening by
the awarding authority give written notice to the awarding authority
and copies of that notice to both the subcontractor he or she claims
to have listed in error and the intended subcontractor who had bid to
the prime contractor prior to bid opening.
Any listed subcontractor who has been notified by the prime
contractor in accordance with this section as to an inadvertent
clerical error shall be allowed six working days from the time of the
prime bid opening within which to submit to the awarding authority
and to the prime contractor written objection to the prime contractor'
s claim of inadvertent clerical error. Failure of the listed
subcontractor to file the written notice within the six working days
shall be primary evidence of his or her agreement that an inadvertent
clerical error was made.
The awarding authority shall, after a public hearing as provided
in Section 4107 and in the absence of compelling reasons to the
contrary, consent to the substitution of the intended subcontractor:
(a) If (1) the prime contractor, (2) the subcontractor listed in
error, and (3) the intended subcontractor each submit an affidavit to
the awarding authority along with such additional evidence as the
parties may wish to submit that an inadvertent clerical error was in
fact made, provided that the affidavits from each of the three
parties are filed within eight working days from the time of the
prime bid opening, or
(b) If the affidavits are filed by both the prime contractor and
the intended subcontractor within the specified time but the
subcontractor whom the prime contractor claims to have listed in
error does not submit within six working days, to the awarding
authority and to the prime contractor, written objection to the prime
contractor's claim of inadvertent clerical error as provided in this
section.
If the affidavits are filed by both the prime contractor and the
intended subcontractor but the listed subcontractor has, within six
working days from the time of the prime bid opening, submitted to the
awarding authority and to the prime contractor written objection to
the prime contractor's claim of inadvertent clerical error, the
awarding authority shall investigate the claims of the parties and
shall hold a public hearing as provided in Section 4107 to determine
the validity of those claims. Any determination made shall be based
on the facts contained in the declarations submitted under penalty of
perjury by all three parties and supported by testimony under oath
and subject to cross-examination. The awarding authority may, on its
own motion or that of any other party, admit testimony of other
contractors, any bid registries or depositories, or any other party
in possession of facts which may have a bearing on the decision of
the awarding authority.