The firm’s client was the second low bidder on a roughly $49 million dollar public works project. The firm filed a bid protest on behalf of the client, contending the apparent low bidder must be disqualified on the grounds it lacked the necessary California contractor’s license at the time of the bid. Although the public entity owner’s Bid Documents only required bidders to hold the required license by the time the project was awarded, the firm successfully argued the public entity must disqualify the apparent low bidder under Business and Professions Code, section 7028.15, subdivision (e) which requires bidders to be licensed at the time of the bid on projects only involving state or local funds. The public entity granted the protest, disqualified the low apparent bidder, and awarded the project to the firm’s client.
Counsel: P. Randolph Finch Jr., Daniel P. Scholz & Matthew D. Seeley