A public agency rejects the lowest bid because the bidder failed to acknowledge a required addendum and omitted a mandatory subcontractor listing. This bid was properly rejected as:
Explanation
A bid that misses a material requirement of the solicitation is nonresponsive and may be rejected however low it is; failing to acknowledge an addendum and omitting the subcontractor listing required by Public Contract Code §4104 are both material. An alternate bid is a priced option the agency itself invited, not a defective base bid. Calling it the lowest responsible bid confuses responsibility, which is about the bidder's capacity, with responsiveness, which is about the bid document. An agency may waive only an immaterial irregularity, and an omitted sub list is not one.
Law Reference: Public Contract Code §4104; §4106This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
Practice all 1632 questions free — no signup required.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Related questions on this topic
- Failure to comply with apprenticeship requirements on a covered public works project can result in:
- 'Debarment' in the public works context means a contractor is:
- If the Labor Commissioner issues a Civil Wage and Penalty Assessment for prevailing wage violations, the contractor generally may:
- Under California's Subletting and Subcontracting Fair Practices Act, a prime bidder on public works must list in its bid each subcontractor who will perform work exceeding a threshold percentage. The main purpose is to prevent:
- A city hires a contractor for a $50,000 public sidewalk repair. Regarding prevailing wages, the contractor must:
- A contractor on a public works project willfully fails to produce certified payroll records after proper written request. The contractor may face:
Last reviewed: · editorial process