Pacific Architects Collaborative v. State

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.

Statement of Facts

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:

*116 In addition, a general provision form was also sent with the bid, which provided in pertinent part:

On May 6, 1977, the Office of Migrant Services mailed a purchase estimate to the Office of Procurement,…