Public contracts: local agencies: responsive bidders

Local agencies may disqualify contractors that do not provide the required information, while contractors receive a defined chance to challenge a disqualification.

What the law does ​

• Requires contractors bidding on local-agency public works contracts to disclose applicable federal, state, and local wage-and-hour violations from the prior five years.
• Requires documentation showing disclosed violations were corrected or resolved, including final orders and proof that fines, penalties, and back wages were paid when applicable.
• Allows local agencies to disqualify bids lacking required disclosures or supporting materials.
• Requires local agencies to provide written notice, supporting evidence, and an opportunity to rebut evidence and present qualifications before disqualifying a bidder.
• Bars disqualification based on a violation under appeal if the contractor has secured any amount ultimately due through a bond or other appropriate means.
• Exempts projects covered by project labor agreements and projects with qualifying wage-and-hour prequalification requirements.

Who it affects ​

• Contractors bidding on local-agency public works contracts.
• Local agencies administering public-works bidding and bid-disqualification appeals.