HomeMy WebLinkAboutMINUTES - 04191988 - 1.42 AA 1-042
BOARD OF SUPERVISORS
FROM: Phil Batchelor Contra
County Administrator CJlJ.7lCl
DATE' Ap r i l 12, 1988. (,olry}�/
SUBJECT: I �l�
Legislation: Assembly Bill 3268 (Kelley)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a • position of opposition to AB 3268 by Assemblyman Kelley
which would establish a process by which a low bidder for a
public works -contract who is not awarded .a contract can appeal,
including an administrative protest followed by judicial review.
BACKGROUND•
Existing State' law does not provide a procedure specifically
applicable to an ,administrative appeal of a decision of a public
agency to award a public works contract to a bidder other than
the lowest bidder. Assemblyman Kelley has introduced AB 3268 to
provide • such a procedure. i
The low bidder, if not awarded the bid on a public works
contract, may submit a written protest within 10 days from the
announcement of the contract award. Upon receipt of a protest
from the lowest bidder the County would be required. to review the
bids of the lowest bidder and the. bidder who was awarded the
. contract and respond within 10 days' either confirming the
original award or reversing it and awarding the bid to the lowest
bidder. If the original selection is confirmed, the County' s
response has to outline the reasons for the selection of a bidder
other than the lowest bidder. The Board of Supervisors could
appoint a Committee of at' least three ( 3 ) of its members to
implement its responsibilities under AB 3268 .
If . the low bidder challenges the legality of the County' s
decision, he or she would :have to advise the County within 1010
days of receiving the. Board' s decision of his or her intent to
take action .in court. Such action would have to be initiated
within 60 days of providing the notice of intent to the Board of
Supervisors.
The- Public . Works_ Department: notes that the procedures outlined
can spread over a rperiod of 90 days up to the time judicial
action is filed, would � li.kely delay construction projects by that
CONTINUED ON ATTACHMENTS YES .S IGNATVRE;
A/40W " -Grii/�^�
X RECOMMENDATION OF, COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S►'
ACTION OF BOARD .ON. .February 19, 11388 APPROVED AS RECOMMENDED OTHER
VOTE OF PUPERVISORS
i HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AMID CORRECT COPY OF AN ACTION TAKEN
AYES: IDES. AND ENTERED. ON THE MINUTES OF THE BOARD
ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator APR 1 9 1988
cam' Public Works Director ATTESTED
B. J. Kerekes, Asst. Public Works Dir. PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Assemblyman Kelley
CSAC BY
M382/7-83 Ralph Heim, JACKSON/BARISH _,DEPUTY
Page 2
amount of time, and may conflict with other statutory
requirements regarding time limits for bonding, contract
execution, and the commencement of construction.
Rejecting a low. bid` and, awarding a contract to another bidder is
an action that is not recommended lightly by the Public Works
Director. The delays . caused by this proposed legislation would
be detrimental to any project and the Public Works Department
staff, therefore, . recommends that the Board of Supervisors
oppose AB 3268. This office concurs with this recommendation.