2009 California Public Contract Code - Section 10760-10767 :: :: Article 4. :: Bids And Bidders (2024)

PUBLIC CONTRACT CODE
SECTION 10760-10767

10760. The trustees may require, and on contracts the estimatedcost of which exceeds the value of a minor capital outlay project forwhich, pursuant to the first paragraph of Section 10108, theservices of the Department of General Services are not required and astate agency or department is authorized to carry out its ownproject, the trustees shall require, from prospective bidders,answers to questions contained in a standard form of questionnaireand financial statement including a complete statement of theprospective bidder's financial ability and experience in performingpublic works projects. When completed, the questionnaire andfinancial statement shall be verified under oath by the bidder in themanner in which pleadings in civil actions are verified.10761. The trustees shall adopt and apply a uniform system ofrating bidders, on the basis of the standard questionnaires andfinancial statements, in respect to the size of the contracts uponwhich each bidder is qualified to bid.10762. In all projects for road, street, and bridge work wherefederal funds are involved and where a bidder is required to be andhas been prequalified pursuant to Sections 10760 and 10761, no bidsubmitted or contract thereafter awarded shall be invalidated by thefailure of the bidder or contractor to be properly licensed inaccordance with the laws of this state, nor shall any such contractorbe denied payment under any such contract because of such failure;provided, however, that the first payment for work or material undersuch contract shall not be made by the Controller unless and untilthe Registrar of Contractors certifies to him that the records of theContractors' State License Board indicate that such contractor wasor became properly licensed between the time of bid opening and themaking of the certification. Any bidder or contractor not so licensedshall be subject to all legal penalties imposed by such laws,including, but not limited to, any appropriate disciplinary action bythe Contractors' State License Board, and the trustees shall includea statement to that effect in the standard form of prequalificationquestionnaire and financial statement.10763. The questionnaires and financial statements are not publicrecords and are not open to public inspection.10764. The trustees shall furnish to each bidder a standardproposal form, which, when filled out and executed, may be submittedas the bid. Bids not presented on forms so furnished shall bedisregarded. The trustees shall not furnish proposal forms to anyperson who is required to submit and has not submitted aquestionnaire and financial statement for prequalification at leastfive days prior to the date fixed for publicly opening sealed bidsand been prequalified for at least one day prior to that date.10765. (a) All bids shall be presented under sealed cover andaccompanied by one of the following forms of bidder's security: cash,a cashier's check, certified check, or a bidder's bond executed byan admitted surety insurer, made payable to the trustees. Thesecurity shall be in an amount equal to at least 10 percent of theamount bid. A bid shall not be considered unless one of the forms ofbidder's security is enclosed with it. (b) A bid described in subdivision (a) may be submittedelectronically in accordance with Section 1601, but only if thebidder submits the bidder's security required by subdivision (a)within 24 hours after the opening of bids.10766. Whether or not bids are opened exactly at the time fixed inthe public notice for opening bids, a bid shall not be received afterthat time.10767. Any bid may be withdrawn at any time prior to the time fixedin the public notice for the opening of bids only by written requestfor the withdrawal of the bid filed with the trustees. The requestshall be executed by the bidder or his or her duly authorizedrepresentative. The withdrawal of a bid does not prejudice the rightof the bidder to file a new bid. This section does not authorize the withdrawal of any bid afterthe time fixed in the public notice for the opening of bids.