Pacific Arch. Collaborative v. State of Calif.

Plaintiff, Pacific Architects Collaborative (Pacific), appeals a granting of judgment on the pleadings and entry of summary judgment in favor of defendants on plaintiff's first amended complaint wherein plaintiff sought to recover expenses incurred in preparing mobile trailers pursuant to a bid solicitation sent by the California Employment Development Department on behalf of the Office of Migrant Services. Plaintiff also sought to recover $16 million in lost profits.

On June 1, 1977, the California Employment Development Department, at the request of the Office of Migrant Services, mailed out a document entitled "Invitation for Bid and Bid," seeking the solicitation of bids to construct 50 mobile housing units for use by migrant farm workers. The bid invitation stated that bids were to be received by 2 p.m. on June 15, 1977. The document contained the notation at the top of the first page "THIS IS NOT AN ORDER," and further provided that:

(1) "A prototype or sample of the proposed brands and model numbers may be required for inspection and evaluation prior to the bid award."

(2) "The State reserves the right to determine the award of this bid on the…