"It is possible for an agency to request an extension to award the contract -- but this should be done 60 days prior to the deadline in order for us to evaluate that this was an 'unforeseen circumstance' for the agency," said Mitchell Weiss, the CTC's deputy director. "That being said, if there's a good reason, the [CTC] may make an exception to its policies."
In Weiss' estimation, a contractor failing -- twice -- to provide scads of necessary documentation could well be considered both an "unforeseen circumstance" and a "good reason" to ask for an extension.
"I don't think anybody enters into the bidding process assuming the contractor can't live up to their agreement," said Weiss. "The goal we all have is getting the projects done. If there are unforeseen circumstances, we're willing to work with them."
In Bey's case, however, one could argue that this course of events was not totally unforeseen. The scion of the Your Black Muslim Bakery empire stiffed the city of Oakland on a $1.1 million business loan in 1996, and, according to the state database, does not possess a contractor's license. Yet Weiss said a level of scrutiny in which the state would query why someone with history of mishandling public money would be awarded a BART contract will not be applied. In other words, regardless of who won the bid, this sort of failure by a contractor is likely an "unforeseen circumstance."
Had BART failed to get a contract signed prior to Oct. 30, however, Weiss believes the money for the project would have vanished.