AWARD OF A CONTRACT TO OTHER THAN THE LOWEST COMPETITIVE BIDDER

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the lowest responsible bidder, it must be awarded to the lowest bidder unless it is found that he is not responsible, i.e. not qualified to do the par- ticular work. under consideration. (2) F.esponsiblity is not the same as relative superiority; a bidder either is responsible or he is not; if_ he is and is also the low bidder, he must be awarded the contract (if anyone is) even though another, higher bidder may be more responsible. (3) If_ the contract is not awarded to the lowest bidder, there has necessarily beer_ a finding that he is not responsible. (a) Due process requires that: Prior to awarding a public works contract to other than the lowest bidder, a public body must notify the low monetary bidder of any evidence reflecting upon his responsiblity received from others or adduced as a r.esu_lt of_ independent investigation, afford him an opportunity to rebutt such adverse evidence, and permit h~..m to present evidence that. he is qualified to perform the contract. 40e do not believe, however, the due process compels a auasi- judici_al proceeding prior t~ rejection of. the low monetary bidder as a responsible bidder. 7 Cal. 3d at 695. QUESTION NO. 2: What kind of hearing is required to give due process to a low bidder whose bid has been passed over? ANSWER: See Analysis. l.NALYSIS: The petitioner in the Inglewood case had sought and the Trial Court had ordered a full formal hearing under the Administrative Procedure P.ct. The Supreme Court specifically rejected this holding. 4~?hile the opinion does not state with precision what thF minimum due. process r.equirments in a hearing would be, ~~e bel icwe the f_ollowira principles would ~-~pnly; (1) Since the hearing must he Yield prior to the award of the contract t~~ ,inc>thcr. bidder. , the city should 49