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A Bid That Follows Instructions Isn't Nonresponsive, Despite Errors

Thursday, December 02, 2010 01:30 am



Great West Contractors, Inc. v. Irvine Unified School District, 2010 Cal. App. Lexis 1521 (Aug. 31, 2010) A contractor challenged a decision by the Irvine Unified School District (District) to designate its bid for an elementary school modernization project as nonresponsive. The nonresponsiveness designation meant that the contractor couldn't even challenge the decision in a hearing.

The contractor, Great West Contractors, Inc. (Great West), had submitted the lowest bid, but a competing contractor found an inaccuracy in Great West's response to a question in the bid package. Great West had answered "no" to the question: "Have you ever been licensed under a different name or license number?" The competitor discovered that Great West had in fact operated under a different license number during a brief joint venture with another company. The District rejected Great West's bid as nonresponsive based on Great West's "dishonest" response to this q [...]

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