Board upholds district decision in modular-classroom bid protest at Lincoln Elementary

The Lancaster School District board closed a public hearing and voted on Dec. 17 to uphold the district's determination in a bid protest concerning modular classroom buildings and a modular toilet building at Lincoln Elementary School.

A representative for Coast Construction Group, the contractor whose bid was disqualified, told the board the solicitation and state law were inconsistent and that AB 1565 prequalification should not apply because the project did not meet the statute's thresholds. The Coast representative said links and solicitation materials referenced different prequalified-vendor lists and argued the contract did not satisfy the statutory value or funding conditions requiring prequalification.

The district's attorney reviewed the bid documents and said the district had independently required prequalification through its instructions to bidders, and that the final bid amount did not exempt bidders from meeting the district's stated minimum standards. The attorney further said Coast failed to demonstrate requalification of certain mechanical, electrical and plumbing subcontractors and therefore was nonresponsive under the district's requirements.

After hearing from both sides the board voted 5-0 to approve the district's final decision on the appeal, effectively leaving the district's disqualification in place. The board then proceeded with other agenda items including adoption of a fiscal stabilization plan and several budget-related resolutions.

The board outlined the hearing procedure at the start: public comments (if any), the protesting contractor's presentation, the district's response and a short rebuttal opportunity. The protesting contractor (Coast) was allowed six minutes to present and one minute for rebuttal, per the board's procedures.