Educational & Recreational v. Pasadena Unified Sch

This is an appeal by Educational and Recreational Services, Inc. (ERS), also doing business as Associated Charter Bus Company (Associated) from a judgment denying its petition for a writ of mandate.

*778 Statement of Facts

The Pasadena Unified School District (District or Board, as appropriate), respondent, published an invitation for bids to furnish school bus transportation. At the time the invitation for bids was issued, there were in existence three contracts for school busing, one with respondent Embree Buses, Inc. (Embree) for 20 buses, one with ERS for busing the handicapped, and another with ERS for the balance of the District’s busing needs. These contracts each had options for renewal. Embree did not negate the option and thus District retained the option to renew the rental for Embree’s 20 buses. ERS negated its option, preventing District from renewing with it. District asked for bids for up to 91 buses. Embree bid the entire proposal, as did ERS. Another company (Brock Bus Lines) bid on only a portion of the contract. Embree’s bid on the handicapped bus contract was accepted by District, but that contract is not at issue in this case.

Embree’s contract for…

Concurring and Dissenting.—The pertinent facts are quite simple. ERS 1 and Embree are both bus transportation contractors. Each of them bid on District’s proposed school bus contract covering the period of July 1, 1975, to June 30, 1980. The sole criterion stated in the request for bids was that the contract would “be awarded to the contractor whose sum of the daily rate and one-half hour of excess time is low for each size bus.” 2 Analysis of the bids established that ERS was the low bidder by roughly $90,000 per year. It is clearly established that both ERS and Embree are responsible bidders with satisfactory prior service performances with District. 3 The contract, however, was awarded to Embree.

The issue may also be simply stated: Does the District have discretion to award such a contract to other than the lowest responsible bidder?

*787 Analysis

The request for bids was pursuant to Education Code section 16802: “In order to procure the service at the lowest possible figure consistent with proper and satisfactory service, the governing board shall, whenever an expenditure of more than five thousand dollars ($5,000) is involved, secure bids pursuant to Sections 15951 and…

This is an appeal by Educational and Recreational Services, Inc. (ERS), also doing business as Associated Charter Bus Company (Associated) from a judgment denying its petition for a writ of mandate.

The Pasadena Unified School District (District or Board, as appropriate), respondent, published an invitation for bids to furnish school bus transportation. At the time the invitation for bids was issued, there were in existence three contracts for school busing, one with respondent Embree Buses, Inc. (Embree) for 20 buses, one with ERS for busing the handicapped, and another with ERS for the balance of the District's busing needs. These contracts each had options for renewal. Embree did not negate the option and thus District retained the option to renew the rental for Embree's 20 buses. ERS negated its option, preventing District from renewing with it. District asked for bids for up to 91 buses. Embree bid the entire proposal, as did ERS. Another company (Brock Bus Lines) bid on only a portion of the contract. Embree's bid on the handicapped bus contract was accepted by District, but that contract is not at issue in this case.

Embree's contract for 20 buses…