Aron C. Beezley, Nathaniel J. Greeson and William B. Stupski | GovCon Source
What Rules Apply?
California’s bid protest procedures are generally governed by the California Public Contract Code. The procedures vary based on the type of goods and services being procured. Specifically, California outlines different protest rules for several types of contracts, including:
- Goods
- Services
- IT goods and services
Furthermore, California state law provides for an alternative protest procedure for IT goods and services procurements as well as non-IT goods.
Who May Protest and on What Grounds?
California state law generally specifies the grounds on which procurements may be protested. However, the available protest grounds vary by type of procurement. For competitive goods procurements, bidders may file a protest on the grounds that they were the lowest responsible bidder meeting specifications.
Competitive service procurements generally may be protested if they are awarded through the Invitation for Bids (IFB) process, or the Request for Proposals (RFP) process. For service contracts under the IFB process, bidders may protest on the grounds that they are the lowest responsible bidder to meet the specifications of the contract. For service contracts awarded under the RFP process, bidders may protest on multiple grounds. Specifically, bidders may file a protest alleging the following:
- The state agency failed to follow the evaluation and selection procedures specified in California Public Contract Code Section 10344(b) or 10344(c).
- The state agency failed to follow the solicitation’s specifications when reviewing the formatting requirements or evaluating proposals.
- The agency used the evaluation and selection procedures specified in California Public Contract Code § 10344(b) but is proposing to award the contract to a bidder other than the lowest responsible bidder.
- The agency used the selection and evaluation criteria outlined in California Public Contract Code § 10344(c) but failed to follow the evaluation and scoring methods specified in the solicitation.
- The agency followed the evaluation and selection procedures outlined in California Public Contract Code § 10344(c) but is proposing to award the contract to a bidder other than the bidder given the highest score by the evaluation committee.
For competitive IT goods and services procurements, bidders may file an “initial protest” or “protest of requirements” challenging the technical, administrative, or cost requirements in a formal IT competitive solicitation. In addition to initial protests, bidders generally may also protest on the grounds that their proposal should have been selected in accordance with the solicitation criteria.
What Are the Protest Filing Deadlines?
In California, protesters generally must first file a notice of protest prior to the contract award and later submit a detailed written statement outlining their protest grounds. Under certain circumstances, the government must publish a notice of proposed award or notice of intent to award prior to awarding the contract. However, the deadlines can vary by contract type. The table below outlines various filing deadlines:
| Type of Procurement | Notice of Award | Notice of Protest Deadline | Detailed Written Statement of Protest Deadline |
| Goods | Upon written request from any bidder, a notice of proposed award will be published at least 24 hours prior to awarding the contract | Prior to contract award | Within 10 days after filing the notice of protest |
| Services (IFB) | Upon written request from any bidder, a notice of proposed award shall be published at least five working days prior to awarding the contract | Prior to contract award | Within five days after filing the notice of protest |
| Services (RFP) | A notice of proposed award must be published five working days prior to the award of the contract | Prior to contract award | Within five days after filing the notice of protest |
| IT Goods and Services (Traditional Protest) | Protest deadlines are tied to the publication of an intent to award a contract | No later than five working days after a notice of intent to award the contract | Within 10 calendar days after filing the notice of protest |
| Alternative Protest Process | A notice of intent to award the contract will be sent to any bidder upon written request | Must be sent in writing within the number of days specified in the solicitation, which shall not be less than one working day and not more than five working days after the posting of the notice of intent to award the contract | Due within seven working days after the deadline specified in the solicitation for the written notice of protest |
What Are the Procedures for Bid Protests in California?
California’s Department of General Services is generally responsible for resolving bid protests in California. If a bidder files a timely protest, the state agency generally will not award the contract until the protest is withdrawn or a final decision has been issued. Alternatively, the state may cancel the solicitation, thereby ending the protest.
Protests of proposed awards for goods procurements and traditional IT goods and services protests are generally resolved in accordance with DGS procedures. (In 2016, a California law transferred authority to resolve bid protests for goods and IT goods and services from the California Victim Compensation and Government Claims Board (VCGCB). DGS, after receiving the detailed written statement of protest, may either schedule a hearing or recommend dismissal of the protest. DGS will then schedule a hearing and determine whether the hearing shall permit the presentation of oral evidence or be limited to the submission of written materials. DGS generally then will issue a decision on the protest.
For protests of non-IT service contracts awarded under the IFB or RFP processes, protesters must file a notice of protest with the awarding state agency and DGS. DGS will conduct a review to determine whether it has jurisdiction over the protest. If DGS determines that it lacks jurisdiction, then it will issue a written notice of dismissal. If DGS determines that it has jurisdiction, it will assign a hearing officer to resolve the protest. The hearing officer will determine whether to resolve the protest through written submission or a public oral hearing. If a hearing is held, notice will be given to all interested parties at least five calendar days before the hearing and include due dates for written submissions. The hearing will be conducted using informal procedures, and all interested parties will be given the opportunity to present their positions. DGS then generally will issue a decision within 30 days.
What Is the Alternative Protest Process?
California implemented the Alternative Protest Process (APP) in 1998 to expedite the resolution time of IT protests and decrease the number of frivolous protests. The APP is available for non-IT goods and IT goods and services competitive solicitations. For major IT acquisitions conducted pursuant to the APP, bidders may protest on the grounds that there was a violation of the solicitation procedures and that they should have been selected. For all other acquisitions conducted pursuant to the APP, bidders may protest on the grounds that their bid or proposal should have been selected in accordance with the solicitation’s selection criteria.
Under the APP, protests are resolved by the DGS Office of Administrative Hearings (OAH) through arbitration. Bidders initiate protests by submitting a written notice of protest to the DGS APP coordinator. Under the APP, the contract may be awarded prior to the resolution of the protest.
After the bidder submits a detailed written statement of protest, the coordinator will determine whether the protest is frivolous and will provide the protester an opportunity to withdraw their protest if so. If the coordinator determines that the protest is frivolous and the protester does not withdraw, they must submit a bond in an amount not less than 10% of the estimated contract value. The coordinator will then submit relevant documents to OAH for arbitration.
OAH will provide a list of 10 arbitrators to the protester, awardee, and the coordinator. The list will include OAH administrative law judges and private arbitrators. The protester, awardee, and coordinator may strike two names each, and OAH will select an arbitrator from the remaining names.
The arbitrator may base their decision on documents alone or conduct a hearing. The arbitrator will then issue a final decision in writing outlining the factual and legal bases for the decision. The arbitrator’s decision generally must be sent to the protester within 45 calendar days after the detailed written statement of protest is filed.
What Are the Appeal Procedures?
For the traditional protest procedures, an unsuccessful bidder generally may seek judicial review by filing a petition for administrative mandamus after exhausting all administrative remedies.
Under the APP, a protester may seek judicial review of the arbitrator’s decision in accordance with the California Code of Civil Procedure.
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Republished with permission. The article, “Bid Protests in California” was originally published on GovCon Source by Bradley Arant Boult Cummings LLP. Copyright 2026.