Cal. Code Regs. tit. 2 § 872.2

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 872.2 - Submission of Protest to Board

(a) Procurement shall submit a notice of protest to the board within three working days of its receipt of a protest filed under section 872.1.

(b) At the same time that Procurement submits a notice of protest to the board under subdivision (a), it shall submit a written bid protest summary to the board that shall contain all of the following information to the extent that the information is readily available in the solicitation file:

(1) a description of the product or service that is the subject of the protested solicitation;

(2) the name of the state agency on whose behalf the solicitation is being administered, or a statement that the solicitation is being administered on behalf of all the state agencies;

(3) the following information for each bidder that submitted a final bid:

(A) the name of the bidder;

(B) mailing address;

(C) voice telephone number;

(D) facsimile telephone number;

(E) name of contact person;

(F) job title of contact person;

(G) the total dollar amount of the bid, including any corrections or adjustments made by Procurement during the evaluation of the bid; and

(H) the total points allocated to the bid, if applicable.

(4) the name of the proposed awardee;

(5) the statutory authority governing the solicitation; and

(6) a statement of the basis for selection.

(c) Procurement shall provide a copy of the bid protest summary submitted to the board under subdivision (b) to all bidders that submitted a final bid.

(d) The Executive Officer may dismiss a protest for any of the following grounds:

(1) the notice of protest was untimely filed; or

(2) the board does not have jurisdiction over the protest.

(e) Prior to dismissing a protest under subsection (d), the protestant shall be:

(1) notified of the reason for dismissing the protest; and

(2) given three working days to submit written materials that refute the reason for the dismissal.

(f) The Executive Officer shall review written materials submitted under subsection (e)(2), and any other pertinent materials, and prepare a written decision that complies with section 619.1.

(g) A copy of the Executive Officer's decision shall be mailed or delivered to the protestant and Procurement.

(h) The procedure in subsections (d)-(f) is a hearing under section 617.6.

(i) A protestant may object to the use of the informal hearing process upon receipt of the notice under subsection (e)(1).

Cal. Code Regs. Tit. 2, § 872.2

1. New section filed 12-15-97 as interim regulations under Government Code section 11400.20; operative 12-15-97 (Register 97, No. 51).
2. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).

Note: Authority cited: Section 13920, Government Code. Reference: Sections 10306 and 12102(h), Public Contract Code.