SECTION 2
PROPOSAL REQUIREMENTS AND CONDITIONS
13
may be rejected. Proposals in which the prices obviously are unbalanced may be
rejected.
2-1.105 PREVIOUS DISQUALIFICATION, REMOVAL OR OTHER
PREVENTION OF BIDDING
• Pursuant to Section 10162 of the Public Contract Code the bidder shall
complete, under penalty of perjury, the questionnaire in the Proposal relating to
previous disqualification, removal or other prevention of bidding of the bidder, or
officers or employees of the bidder because of violation of law or a safety
regulation.
• A bid may be rejected on the basis of a bidder, any officer of the bidder, or any
employee of the bidder who has a proprietary interest in the bidder, having been
disqualified, removed, or otherwise prevented from bidding on, or completing a
federal, state or local project because of a violation of law or a safety regulation.
2-1.108 COMPLIANCE WITH ORDERS OF THE NATIONAL LABOR
RELATIONS BOARD
• Pursuant to Public Contract Code Section 10232, the Contractor shall swear by
a statement, under penalty of perjury, that no more than one final, unappealable
finding of contempt of court by a Federal court has been issued against the
Contractor within the immediately preceding 2-year period because of the
Contractor's failure to comply with an order of a Federal court which orders the
Contractor to comply with an order of the National Labor Relations Board. For
purposes of Section 10232, a finding of contempt does not include any finding
which has been vacated, dismissed, or otherwise removed by the court because the
Contractor has complied with the order which was the basis for the finding. The
State may rescind any contract in which the Contractor falsely swears to the truth of
the statement required by Section 10232.
• The statement required by Public Contract Code Section 10232 is on the page
preceding the signature page of the Proposal.
2-1.11 INELIGIBILITY TO CONTRACT
• Public Contract Code Section 10285.1 provides as follows:
Any state agency may suspend, for a period of up to three years from the
date of conviction, any person from bidding upon, or being awarded, a public
works or services contract with the agency under this part or from being a
subcontractor at any tier upon the contract, if that person, or any partner,
member, officer, director, responsible managing officer, or responsible
managing employee thereof, has been convicted by a court of competent
jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other
act in violation of any state or federal antitrust law in connection with the
bidding upon, award of, or performance of any public works contract, as
defined in Section 1101, with any public entity, as defined in Section 1100,
including, for the purposes of this article, the Regents of the University of
California or the Trustees of the California State University. A state agency
may determine the eligibility of any person to enter into a contract under this
article by requiring the person to submit a statement under penalty of perjury
declaring that neither the person nor any subcontractor to be engaged by the
person has been convicted of any of the offenses referred to in this section
within the preceding three years.



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