The firm’s client was the second-low bidder on a public works contract for a Southern California city. In determining the lowest bidder, the city failed to apply its Local Business Preference Program adjustment to the client’s bid. The city’s program allowed for a 5 percent reduction to bids submitted by qualified local businesses. Application of the Local Business Preference Program’s 5 percent reduction to the client’s bid made it the lowest bid.
ATTORNEY INVOLVEMENT GETS THE CITY’S ATTENTION.
The client initially protested the unfavorable contract award themselves. After the city failed to respond, the client turned to Finch, Thornton & Baird, LLP.
The firm’s attorneys successfully protested the city’s decision not to apply the 5 percent reduction to the client’s bid. By identifying the intent behind the city’s Local Business Preference Program, the client’s qualifications for the program, and the city’s failure to strictly follow its municipal code, the city had no option but to accept the protest — and our client’s bid. Without so much as a hearing on the matter, the city reversed course and awarded the contract to the firm’s client.
Counsel: Daniel P. Scholz and Matthew D. Seeley