Legal Question in Constitutional Law in California

DVBE requirements for biding

I am a General Contractor, I bid a job that called for 3% participation in DVBE. The documents stated that we should fill out forms provided and submit with our bid. Their were no forms attached to the specs to fill out. We signed the sheet we read but did not fill out the proper forms as their were none. We were the low bid but now the second bidder is protesting because we did not fillout the proper forms. Should the job be thrown out and re-bid or should the job go to the second bidder who filled out the forms corctly. Evidendtlyt he second bidder is a DVBE contractor, Shehas a minority woman owned busness and is using that to her advantage. What can I do? will I not be awarded the job? CAn I fight it?


Asked on 2/23/08, 10:15 pm

1 Answer from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: DVBE requirements for biding

You should immediately contact the contracting agency and ask what to do.

Your question contains an apparent inconsistency: a DVBE is a Disabled Veteran Business Entity, whereas a minority / woman-owned business is a MBE / WBE. It's unclear which of these you believe pose an impediment to obtaining the contract.

If it's the DVBE, then you must comply with the bid docs to be considered responsive. I do not, here, address whether your bid is reponsive in light of your failure to return forms that were not in the bid package.

If it's the MBE / WBE status that you believe will adversely affect you, then you have strong legal grounds to challenge the loss of the contract. Such racial and gender-based preferences are unconstitutional pursuant to Article 1, Section 31 of the California Constitution. I recently filed a brief in the Cal. Supreme Court on this issue, and if you believe you've been harmed by the application of a MBE / WBE preference, I invite you to call me to discuss your options.

Good luck!

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Answered on 2/24/08, 3:37 am


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