Alternative Protest Pilot Project for Public Procurement

The California Public Contract Code, in Division 2, Part 2, Chapter 3.6, establishes “The Alternative Protest Pilot Project.” Section 12125 requires the project to be administered by the Department of General Services and the Department of Technology.

Section 12126 allows any department or agency to use the solicitation and alternative protest procedures outlined in this chapter for solicitations authorized. The Department of General Services is required to develop procedures and guidelines for the implementation of this alternative protest process.

In order to be eligible for this alternative protest process, the contracting department must agree to participate in the Alternative Protest Process and the Department of General Services or the Department of Technology will indicate that the proposed solicitation is to be conducted as part of the Alternative Protest Process prior to release of the solicitation. Any protests filed in relation to the proposed contract award are to be conducted under the procedures set forth by the Department of General Services for the Alternative Protest Process.

Any bid protest conducted under this chapter is required to include one or more of the five specified alternative procedures. Protests can only be filed by participating bidders. Grounds for major information technology acquisition protests are limited to violations of the solicitation procedures and that the protestant should have been selected. Any other acquisition protest filed pursuant to this chapter must be based on the ground that the bid or proposal should have been selected in accordance with selection criteria in the solicitation document.

Section 12127 requires major information technology acquisitions subject to this chapter to meet three specified criteria.

Section 12127.5 requires all other procurements to meet one or more of three specified criteria.

Section 12128 requires the Department of General Services and the Department of Technology to apply this chapter to information technology and ancillary services, as well as material, supplies, equipment, and ancillary services.

Section 12129 required the Department of General Services to electronically submit a report and recommendations to the Legislature regarding the Alternative Protest Process.