Practical Solutions
Other Than Debarment
Practical Solutions
Other Than Debarment
• From the 11/17/2020 Transcript
— The City Council was asking if there was
another way bes*ldes debarment
• There is !
• Lopez is not inclined to engage in
e �c s ii
Practical Solutions
Other Than Debarment
• If Lopez changed its mind , this is not a problem
• Assuming Lopez is the low bidder
• Pismo Beach can legally reject Lopez' bid — By rejecting all bids
— By declaring Lopez' bid Non- Responsive
• No hearing
Practical Solutions
Other Than Debarment
• Pismo Beach can legally r ect Lopez' r — By rejecting Lopez' bid on responselbsilmity grounds
— If there is a bid protest
— Some type of a hearing is required
— If litigation ensues, the co rector's
damages are capped at its bid preparation
expenses
4 Practical Solutions
Other Than Debarment
• Practically speaking, contractors very
rarely pursue bid protest hearings and/or
litigation because :
— It's expensive
— The damages are capped
— The risk of a responsibility finding