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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.