1. (a) As used in this article:

   1. (1) “Bid” shall mean:

      1. (A) an offer in response to a solicitation for materials, supplies, or equipment purchased pursuant to article 3 (commencing with section 10300), chapter 2, part 2, division 2, Public Contract Code; or
      2. (B) an offer in response to a solicitation for electronic data processing or telecommunications goods or services pursuant to chapter 3 (commencing with section 12100) or chapter 3.5 (commencing with section 12120), part 2, division 2, Public Contract Code.
   2. (2) “Bidder” shall mean an individual or entity that submitted a final bid in response to a solicitation that is subject to a protest;

   3. (3) “Declaration” shall mean a written statement that includes the following:

      1. (A) the signature of the person making the statement;
      2. (B) the date on which and the place where it was signed;
      3. (C) a statement substantially similar to: “I declare under penalty of perjury under the laws of California that the foregoing is true and correct.”
   4. (4) “Detailed statement of protest” shall mean the written statement specifying the legal and factual basis for the protest under section 872.7;
   5. (5) “Document” shall mean a writing as defined in Evidence Code section 250;

   6. (6) “Party” shall mean:

      1. (A) Procurement;
      2. (B) the state agency procuring the product that is the subject of the solicitation;
      3. (C) the protestant;
      4. (D) the proposed awardee; and
      5. (E) any other bidder that submitted a bid and submitted a written request to be a party, except that a bidder that filed a bid protest shall not be a party in a protest filed by another bidder.

   7. (7) “Procurement” shall mean:

      1. (A) the Department of General Services, Procurement Division or its successor; or
      2. (B) another state agency that has been delegated purchasing authority by the Department of General Services;
   8. (8) “Proposed awardee” shall mean the bidder to whom Procurement intends to award a contract as a result of Procurement's evaluation of the protested solicitation;
   9. (9) “Protest” shall mean a written objection by a bidder to an intended contract award proposed by Procurement that is submitted to Procurement under section 872.1 after the posting of an intent to award.
   10. (11) “Protestant” shall mean a bidder that submitted the bid protest that is the subject of the hearing;
   11. (12) “Response to the detailed statement of protest” shall mean a party's written submission under section 872.8;
   12. (13) “Solicitation” shall mean the process by which Procurement requests bids;
   13. (14) “Solicitation document” shall mean the document that describes the goods or services that are to be purchased and establishes the method that will be used to evaluate bids; and
   14. (15) “Solicitation file” shall mean documents used by Procurement in the procurement process, including documents used to evaluate bidders and select a proposed awardee.

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

History

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).