SECTIONS 10780-10785

10780.  On the day named in the public notice the trustees shallpublicly open the sealed bids and award the contracts to the lowestresponsible bidders.10780.5.  The trustees may require a bid for a public works contractto include prices for items that may be added to, or deducted from,the scope of work in the contract for which the bid is beingsubmitted. Whenever additive or deductive items are included in abid, the bid solicitation shall specify which one of the followingmethods will be used to determine the lowest bid. In the absence ofsuch a specification, only the method provided by subdivision (a)will be used: (a) The lowest bid shall be the lowest bid price on the basecontract without consideration of the prices on the additive ordeductive items. (b) The lowest bid shall be the lowest total of the bid prices onthe base contract and those additive or deductive items that werespecifically identified in the bid solicitation as being used for thepurpose of determining the lowest bid price. (c) The lowest bid shall be the lowest total of the bid prices onthe base contract and those additive or deductive items that, whentaken in order from a specifically identified list of those items inthe solicitation, and added to, or subtracted from, the basecontract, are less than, or equal to, a funding amount publiclydisclosed by the trustees before the first bid is opened. (d) The lowest bid shall be determined in a manner that preventsany information that would identify any of the bidders or proposedsubcontractors or suppliers from being revealed to the public entitybefore the ranking of all bidders from lowest to highest has beendetermined. A responsible bidder who submitted the lowest bid as determined bythis section shall be awarded the contract, if it is awarded. Thissection does not preclude the trustees from adding to or deductingfrom the contract any of the additive or deductive items after thelowest responsible bidder has been determined. (e) Nothing in this section shall preclude the prequalification ofsubcontractors.10781.  If the successful bidder fails to execute the contract, thebidder's security shall be forfeited to the state. The cash orproceeds shall be deposited in the fund out of which the expenses ofpreparation and printing of the plans and specifications, estimatesof cost, and publication of notice are paid.10782.  If the trustees deem it is for the best interest of thestate, they may, on the refusal or failure of the successful bidderto execute the contract, award it to the second lowest responsiblebidder. If the second lowest responsible bidder fails or refuses toexecute the contract, the trustees may likewise award it to the thirdlowest responsible bidder. On the failure or refusal of the second or third lowest bidder, towhom a contract is so awarded, to execute it, the bidder's securityshall be likewise forfeited to the state.10783.  The failure of the successful bidder to furnish any bondrequired by law, within the time fixed for execution of the contract,constitutes a failure to execute the contract.10784.  The bidder's security of the second and third lowestresponsible bidders may be withheld until the contract has beenfinally executed. The cash, cashier's checks, and certified checkssubmitted by all other unsuccessful bidders shall be returned to themwithin 10 days after the contract is awarded, and their bidders'bonds shall be of no further effect.10785.  If the trustees deem the acceptance of the lowestresponsible bid or bids is not for the best interests of the state,they may reject all bids and proceed by day's labor or advertise forother bids in the manner required by this chapter.