Current through Register 2024 Notice Reg. No. 38, September 20, 2024
As used in this article:
(a) "Department" shall mean the Department of
General Services.
(b) An
"interested party" shall be defined as one of the following:
(1) The State agency which proposed the
protested award;
(2) A protestant
claiming to be the lowest responsible bidder meeting specifications, or, in any
other instance, where the protestant claiming that the protestant would have
been the awardee if the prescribed procedure for making the award had been
followed.
(3) The proposed contract
awardee.
(c) "Protestant"
shall be an interested party who files a protest.
(d) "Detailed Statement of Protest" shall
mean the written document filed with the department by the protestant within
five days of the notice of protest. It shall contain all of the grounds upon
which the protestant bases the protest.
(e) "Good Cause" shall be defined only as one
of the following events or conditions:
(1)
Death of a party, representative or attorney of a party, or witness to an
essential fact, or the parent, child or member of the household of such person,
when it is not feasible to substitute another representative, attorney or
witness because of the proximity of the hearing date.
(2) Incapacitating illness of a party,
representative or attorney of a party, or witness to an essential fact when it
is not feasible to substitute another representative, attorney or witness
because of the proximity of the hearing date.
(3) Lack of notice of hearing as provided in
Section 1194.2.
(4) Stipulation for
continuance signed by the protestant and awarding agency which is timely
communicated with request for continuance to the Department of General
Services.
(5) Substitution of the
representative or attorney of a party upon showing that the substitution is
required.
(6) Unavailability.
(A) Unavailability of a party,
representative, attorney or witness to an essential fact on account of
conflicting and required appearance in a judicial matter if:
1. When the hearing date was set, the person
did not know and could neither anticipate nor at any time avoid the
conflict.
2. The conflict with
request for continuance is immediately communicated to the Department of
General Services.
(B) The
unavailability of a party, representative or attorney or material witness due
to an unavoidable emergency.
1. New
Subchapter 1.5 (Sections 1195-1195.6, not consecutive) filed 4-19-85; effective
upon filing pursuant to Government Code Section
11346.2(d)
(Register 85, No. 16).
Note: Authority cited: Sections 10376, 10378,
10343
and
10345,
Public Contract Code. Reference: Sections 10376, 10378,
10343
and
10345,
Public Contract Code.
