Section 873.7 - Scope of Hearing(a) In a protest under Public Contract Code section 10306, the protestant must prove that it is the lowest responsible bidder meeting specifications in order for the protest to be granted.(b) In a protest under Public Contract Code section 12102(h), the protestant must prove that its bid should have been selected in accordance with the selection criteria in the solicitation document.(c) Evidence shall be limited to issues that are:(1) relevant to subdivision (a) or (b), whichever is applicable; and(2) identified in the protestant's detailed statement of protest; or in a party's response to the detailed statement of protest.(d) The protest may be denied without determining any other issues raised under subdivision (c) if: (1) Procurement alleged that the protestant was not responsive to the requirements of the solicitation document in its response to the detailed statement of protest; and(2) the protestant failed to prove that its bid was responsive to the requirements of the solicitation document.Cal. Code Regs. Tit. 2, § 873.7
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 and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12). Note: Authority cited: Section 13920, Government Code. Reference: Sections 10306 and 12102(h), Public Contract Code.
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 and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).