Note, though, that this had to be resolved in the courts.
The problem with public works is that it's susceptible to the political
Ever see a public entitity construction contract? Fully half of it is
boilerplate reflecting the political nature of such work: Affirmative Action
declarations, "made in USA" provisions, child support declarations, on and
on and on.
Likewise, the notion that you are low bidder but didn't get the work can
lead to your complaints to your friendly neighborhood government official
who, in due consideration of your generous contribution to his campaign
war-chest, is obliged to go to bat for you.
To some degree there are positives. Government entities are obliged in most
cases to select engineers and architects on the basis of qualifications
rather than price, for example, an anti-free market approach that is
supposed to keep quality standards high--an outcome that is debatable, given
the mandatory nature of it.
From: Mark Gilligan [mailto:MarkKGilligan(--nospam--at)compuserve.com]
Sent: Wednesday, April 12, 2000 9:49 AM
Subject: RE: Bidding ethics
It was stated that:
>Unless your client is a government entity, he/she is not required to
the "lowest responsible bid," and can, in fact, accept the high bid if that
is what they want.<
An article in the March 2000 edition of Civil Engineering noted that
"According to the missouri Court of Appeals, a city had the discretion to
award a project contract to the second-lowest bidder."
Apparentlythere are some situations where the lowest bidder need not be
selected on public works projects.
Does anybody know the specific provision in the California laws or
regulations that requires public works projects to be selected based on