Legal Question in Construction Law in California
We submitted a sub-contractor bid on a public works project back in early December 2022 at request of the General Contractors bidding the project. The product manufacturer that was specified did not return their calls/requests for quote or submit any proposals at or before the time of bid. The products provide fall protection safety for playgrounds. The specified product uses the same materials but it is installed in a different way as to its thicknesses, etc. and is the only company in the US that does it their particular way.
Now, nearly 3 months later after the bid and going around with the city (owners), they found and made contact with the specified manufacturer and have allowed them to now submit his bid 3 month after the fact, and rejecting our product when we were only ones who submitted a bid at the proper time prior to bid.
What is the legality of them doing this 3 months after the public bid? Does this violate any Fair Contracting laws? and if so,, where or can we file a complaint against the city?
1 Answer from Attorneys
A public entity may reject all bids if none conform to the contract specifications and then accept new bids, either revising the specifications or giving contractors another opportunity to meet the specifications. It is only illegal if the specifications are written to favor one source for a corrupt or other illegitimate or illegal purpose.
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