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Public Contract Code
Division 2. General Provisions
Part 2. Contracting by State Agencies
Chapter 3.6. The Alternative Protest Pilot Project
(Added by Stats.1997, c. 762 (A.B.1159), § 1.)
§ 12126. Procedures and guidelines; eligibility criteria; bid protest procedures; application
(a) Notwithstanding any other provision of law, any department or agency may use the solicitation and alternative protest procedures outlined in this chapter for solicitations authorized under Chapter 2 (commencing with Section 10290) or Chapter 3 (commencing with Section 12100). The Department of General Services shall develop procedures and guidelines for the implementation of this pilot project. Establishment of procedures for major information technology acquisitions pursuant to this chapter shall be coordinated with the Department of Information Technology.
(b) To be eligible for this pilot project, the contracting department shall agree to participate in the pilot project and the Department of General Services shall indicate that the proposed solicitation shall be conducted as part of the pilot project prior to release of the solicitation. Submission of a bid constitutes consent for participation in the alternative protest pilot project. Any protests filed in relation to the proposed contract award shall be conducted under the procedures set forth by the Department of General Services for the alternative protest pilot project.
(c) Notwithstanding any other provision of law to the contrary, any bid protest conducted under this chapter shall include one or more of the following alternative procedures:
(1) The protest process shall not prevent the commencement of work in accordance with the terms of any other contract awarded pursuant to this chapter. A contract may be entered into pending a final decision on the protest.
(2) The Department of General Services shall review the protest within seven days of the filing date to determine if the protest is frivolous. If determined to be frivolous, the protest shall not proceed under this chapter until the bidder posts a protest bond in an amount not less than 10 percent of the estimated contract value, as determined by the Department of General Services in the solicitation.
(3) The Director of General Services shall issue a *** decision within a period not to exceed 45 days from the date the protest is filed.
(4) Arbitration, as defined and established by the Department of General Services, shall be the resolution tool.
(d) Authority to protest under this chapter shall be limited to participating bidders.
(1) Grounds for major information technology acquisition protests shall be limited to violations of the solicitation procedures and that the protestant should have been selected.
(2) Any other acquisition protest filed pursuant to this chapter shall be based on the ground that the bid or proposal should have been selected in accordance with selection criteria in the solicitation document.
***
(Amended by Stats.2001, c. 610 (S.B. 951), § 4. Added by Stats.1997, c. 762 (A.B.1159), § 1.)
(a) The agency or department has stated its business needs and not detailed specification in the solicitation.
(b) The agency or department has stated the criteria and the weight to be given to each criterion by which it will evaluate all proposals.
(c) The contract shall be awarded based on "value effective acquisition," as that term is defined in Section 12100.7, competitive negotiation, an alternative procurement, or performance-based solicitations.
(Added by Stats.1997, c. 762 (A.B.1159), § 1.)
(a) The agency or department has stated its business needs and not detailed specification in the solicitation.
(b) The agency or department has stated the criteria and the weight to be given to each criterion by which it will evaluate all proposals.
(c) The contract shall be awarded based on "value effective acquisition," as that term is defined in Section 12100.7, competitive negotiation, an alternative procurement, performance-based solicitations, or other methodologies as established by the Department of General Services.
(Added by Stats.1997, c. 762 (A.B.1159), § 1.)
§ 12128. Duration of pilot project
*** The pilot project shall continue until it has been applied to at least 25 contracts, with varying dollar amounts, at least five of which are major information technology acquisitions, or until December 31, 1999, whichever occurs later. The Department of General Services shall apply this chapter to the following categories:
***(a) Information technology and ancillary services.
***(b) Material, supplies, equipment, and ancillary services.
***
(Amended by Stats.2001, c. 610 (S.B. 951), § 4. Added by Stats.1997, c. 762 (A.B.1159), § 1.)
§ 12129. Report to Legislature
*** The Department of General Services shall electronically submit a report to the Legislature regarding the pilot project *** within 90 days after the termination of the project. The report shall include the following:
(a) The percentage of bids with values under five hundred thousand dollars ($500,000), under one million dollars ($1,000,000), and over one million dollars ($1,000,000) or more not in the pilot project that were protested with corresponding data for solicitations issued pursuant to the pilot project.
(b) The number of protests determined to be frivolous by the Department of General Services, subject to this chapter, with corresponding data for solicitations issued pursuant to existing procedures.
(c) The percentage of contracts awarded under the pilot project that were subsequently challenged in a court of law with corresponding data for solicitations issued pursuant to existing procedures.
(d) All costs of a protest incurred by state agencies subject to subdivision (b) of Section 12126 from the original date filed, until final resolution. This shall include all costs associated with a successful protest and commencement of work under subdivision (b) of Section 12126 from the original date filed, until final resolution, with corresponding data for solicitations issued pursuant to existing procedures.
(e) The length of time to resolve protests pursuant to this chapter and the corresponding data for solicitations issued pursuant to existing procedures.
(Amended by Stats.2001, c. 610 (S.B. 951), § 4. Added by Stats.1997, c. 762 (A.B.1159), § 1.)
§ 12130. Criteria for success of pilot project
The pilot project shall be considered a success if there is at least a 10-percent reduction in the number of frivolous protests filed with the Department of General Services and if the length of time for the state to resolve protests is reduced by at least 20 percent, or if there is a substantial reduction in the number of protests filed under the pilot project than under the existing protest procedures.
(Added by Stats.1997, c. 762 (A.B.1159), § 1.)
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