D.H. Williams Construction, Inc. v. Clovis Unified School District

Opinion

VARTABEDIAN, Acting P. J.

This is an appeal from a judgment granting a petition for writ of mandate. The issue before us is whether a bid on a public agency contract can be declared nonresponsive by the public agency when the bidder has listed an unlicensed subcontractor on the bid forms. We agree with the trial court that such a bid, in the circumstances of the present case, could not be declared nonresponsive. However, the appropriate remedy is for the agency to conduct a due process hearing before awarding the contract to determine whether the bidder is responsible. Accordingly, we…