National Coach Corp. v. State Board of Control

National Coach Corporation is a disappointed low bidder on a state contract to provide buses. National’s bid was rejected for deviating from the contract specifications. National filed a protest (see Gov. Code, § 14813) with the State Board of Control that was rejected after hearing. National then filed a petition for review of the board decision in administrative mandamus. The trial court ruled in favor of the board. National appeals. We affirm.

Facts

The State Office of Procurement issued an invitation for bid for 46 buses equipped with wheelchair lifts. The buses were to be purchased on behalf of the Department of Aging. The specifications for the vehicles provided that the bottom step of the front passenger stepwell “shall not exceed 13 inches from street.” Bidders were required to list all deviations from specifications.

National submitted a bid of $1,149,748, the lowest aggregate cost. However, it noted on the specification compliance questionnaire that its bid did not comply with the specifications. It listed as a deviation that “The Bottom Step will be 15 " from ground, not 13 ” The Office of Procurement discussed the deviation with the Department of Aging and…