The firm secured victory for a construction contractor in a competitive public works bidding dispute. The client was the second-lowest bidder on a $5.5 million California public works project. The low bidder had previously bid the project in an earlier solicitation, but had withdrawn its bid claiming a bid error under Public Contract Code section 5103. Following the bidder’s withdrawal, the public agency rejected all bids and re-bid the project. The bidder which had withdrawn its earlier bid, submitted the low bid again in the second bid solicitation for the project. The firm successfully convinced the public agency that, under Public Contract Code section 5105, a contractor who withdraws a bid under Section 5103 is expressly prohibited from bidding again on subsequent solicitations for the same project. The agency granted the protest, disqualified the low bidder, and awarded the $5.5 million contract to the firm’s client.
Counsel: Daniel P. Scholz and Matt D. Seeley