Monterey Mechanical Co. v. Sacramento Regional County Sanitation District

In this appeal, we conclude Public Contract Code section 2000, subdivision (b) contains the exclusive criteria for determining if a prime bidder on a contract for a public works project has made a good faith effort to comply with the affirmative action goals and requirements established by the local government agency awarding the contract. (Further statutory references to sections of an undesignated code are to the Public Contract Code unless otherwise noted.)

Plaintiff, Monterey Mechanical Company, submitted the low bid on a contract to construct a public works project for defendant Sacramento Regional County Sanitation District (District). The District rejected plaintiff’s bid for failure to demonstrate it had made a good faith effort to comply with the District’s affirmative action goals. The District awarded the contract to the second lowest bidder, the respondent Hoffman/Marmolejo. Plaintiff commenced this proceeding for a writ of mandate to compel the District to set aside its award of the contract to Hoffman/Marmolejo and to award it instead to plaintiff. The superior court denied the writ. We shall reverse.

I

As a general rule, contracts issued by local…