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2 Services, Inc. is the apparent lowest bidder on the Project. NCIC has a concern about the bid submitted by Integra Construction Services, Inc., which are set forth in detail below. In consideration, NCIC urges the City to conduct a factual inquiry to determine whether Integra Construction Services, Inc. qualifies as a "responsive" and "responsible" bidder as required by law. As explained below, Integra Construction Services, Inc’s bid is not responsive because it listed a subcontractor in its bid with an expired Public Works Contractor Registration (PWCR) number. DISCUSSION The City must award public works contracts in excess of two hundred thousand dollars ($200,000.00) to the lowest responsible bidder after competitive bidding.3 For the reasons that follow, the City should conduct a further inquiry into whether Integra Construction Services, Inc. constitutes a responsible contractor whose bid is responsive to the City’s solicitation. Integra Construction Services, Inc.'s Bid is Non-Responsive Because the Bid Proposal Lists a Subcontractor with an Expired PWCR "A basic rule of competitive bidding is that bids must conform to specifications and that if a bid does not so conform, it may not be accepted."4 Failure to satisfy all bid specifications renders a bid non-responsive as a matter of law. Such a non-responsive bid must be rejected. Integra Construction Services, Inc. listed a subcontractor without an active PWCR at the time of bid submission and bid opening. The Subletting and Subcontracting Fair Practices Act (“the Act”), requires contractors to list the registration number of each subcontractor listed in their bids.5 Public Contract Code § 4104 further provides that failing to correct an error in listing a subcontractor’s registration number shall be considered ground for considering a bid non- responsive if the error is not corrected within 24 hours after the bid opening date. Additionally, Labor Code § 1725.5 requires that a contractor be registered with the Department of Industrial Relations (“DIR”) “to be qualified to bid on [or] be listed in a bid proposal…”6 Furthermore, the City’s Notice, Proposal, Special Provisions, and Contract Documents for the Project provide that, “Pursuant to Labor Code Section 1771.1 and subject to exceptions set forth by that section, no contractor or subcontractor may be listed on a bid proposal unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725, and no bid shall be accepted nor contract or subcontract be entered into without proof of the contractor’s or subcontractor’s current registration to perform public work pursuant to Labor Code Section 1725.5.” 3 Cal. Pub. Cont. Code § 22032, subd. (c). 4 Konica Bus. Machines U.S.A. Inc. v. Regents of Univ. of California (1988) 206 Cal.App.3d 449, 454 5 Cal. Pub. Cont. Code § 4104. 6 Lab. Code § 1725.5 (emphasis added).