Section 22038 Of Article 3. Public Projects: Alternative Procedure From California Public Contract Code >> Division 2. >> Part 3. >> Chapter 2. >> Article 3.
22038
. (a) In its discretion, the public agency may reject any bids
presented, if the agency, prior to rejecting all bids and declaring
that the project can be more economically performed by employees of
the agency, furnishes a written notice to an apparent low bidder. The
notice shall inform the bidder of the agency's intention to reject
the bid and shall be mailed at least two business days prior to the
hearing at which the agency intends to reject the bid. If after the
first invitation of bids all bids are rejected, after reevaluating
its cost estimates of the project, the public agency shall have the
option of either of the following:
(1) Abandoning the project or readvertising for bids in the manner
described by this article.
(2) By passage of a resolution by a four-fifths vote of its
governing body declaring that the project can be performed more
economically by the employees of the public agency, may have the
project done by force account without further complying with this
article.
(b) If a contract is awarded, it shall be awarded to the lowest
responsible bidder. If two or more bids are the same and the lowest,
the public agency may accept the one it chooses.
(c) If no bids are received through the formal or informal
procedure, the project may be performed by the employees of the
public agency by force account, or negotiated contract without
further complying with this article.