§ 1408. Filing a Protest.
1 CA ADC § 1408BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 1. General Provisions
Division 2. Office of Administrative Hearings
Chapter 5. Procedures for Conducting Protests Under the Alternative Protest Pilot Project
Article 2. Protest Procedure
1 CCR § 1408
§ 1408. Filing a Protest.
(a) A protest is filed by the submission of: the Detailed Written Statement of Protest and any exhibits specified in section 1412; a check or money order made payable to the Office of Administrative Hearings for the OAH filing fee of $50; and the arbitration deposit as specified in subsection (c) or (d) to the Coordinator by the Close of Business on the 7th working day after the time specified in the Solicitation for written Notice of Intent to Protest under section 1406. A copy of the Detailed Written Statement of Protest and exhibits must also be served on all Parties named in the service list as specified in section 1406. A Protestant who fails to comply with this subsection waives Protestant's right to protest.
(b) Protestant(s) must provide a FAX (facsimile) number. Notification by facsimile is sufficient for service. If the Detailed Written Statement of Protest is sent to the Coordinator by facsimile, Protestant must:
(1) Verify that the pages sent were all received by the Coordinator; and
(2) Remit the required deposit and filing fee to Coordinator by any reasonable means. If sending via carrier, the postmark date or equivalent shall be used to determine timeliness.
(c) Each Protestant not certified as a Small Business shall make a deposit of the estimated arbitration costs, by check or money order made payable to the Office of Administrative Hearings, as determined by the Estimated Contract Value.
(1) For contracts up to $100,000.00, the deposit shall be $1500.00.
(2) For contracts of $100,000.00 up to $250,000.00, the deposit shall be $3,000.00.
(3) For contracts of $250,000.00 up to $500,000.00, the deposit shall be $5,000.00.
(4) For contracts of $500,000.00 and above, the deposit shall be $7,000.00.
(5) Failure to remit a timely required deposit waives the right of protest.
(6) Any refund to Protestant(s) shall be made per section 1436.
(d) Each Protestant certified as a Small Business shall submit a copy of the Small Business Certification in lieu of the deposit specified in subsection (c). If Protestant is a Small Business and the protest is denied by the arbitrator, the Contracting Department shall collect the costs of the arbitration from Protestant. If Protestant does not remit the costs due, the Contracting Department may offset any unpaid arbitration costs from other contracts with Protestant and/or may declare Protestant to be a non-responsible bidder on subsequent solicitations.
Note: Authority cited: Section 12126, Public Contract Code. Reference: Sections 12125-12130, Public Contract Code.
1. New section filed 8-18-98; operative 8-18-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 34).
This database is current through 7/29/22 Register 2022, No. 30
1 CCR § 1408, 1 CA ADC § 1408
|End of Document|