March 18, 2002

Jesse Belangoy, Sr. Project Manager
Environmental Systems, Inc.
3353 De La Cruz Blvd.
Santa Clara, CA 95054

RE: Invitation for Bids No. F0201-37
City Hall Chiller and Cooling Tower Replacement

Dear Mr. Belangoy:

The City has received your second letter, dated March 14, 2002, requesting the City’s re-evaluation of the bid protest to the above-referenced project. We have reviewed the matter again and still conclude that Newcomb Mechanical is a responsive bidder pursuant to Invitation for Bids No. F0201-37 as well as the applicable state laws pertaining to contracting and licensing.

Newcomb Mechanical has a valid "C-20" contractor's license, which is sufficient under the bid specifications for the award of this contract. Your letter correctly states that Newcomb did not list subcontractors to perform concreting and trenching. However, Business and Professions Code section 7059 permits holders of specialty licenses, which include "C-20" licenses, to perform "incidental and supplemental work." The terms "incidental" and "supplemental" are defined in Article 831 of the Contractors State License Board Rules and Regulations as "work [that] is essential to accomplish the work in which the [specialty] contractor is classified." The City has determined that the project’s concreting and trenching work meets this definition of "incidental and supplemental".

Furthermore, Public Contract Code section 4106 states that, when a prime contractor does not specify subcontractors in a bid, the prime contractor "agrees that he or she is fully qualified to perform that portion himself or herself…." The City has no countervailing reason to believe otherwise.

Sincerely,
Dave Gakle
Senior Buyer

cc: Rob Boco, Deputy City Attorney

Return to RTC# 02-106