Section 2121 - Award Protest(a) Contracts shall be awarded only after a notice of proposed awards has been posted at the Commission for five working days;(b) If, during the five working days after the notice of proposed awards, any Bidder who submitted a Final Proposal files a protest with the Commission and with the Department of General Services, Office of Legal Services (DGS-OLS), the contract(s) shall not be awarded until either the protest has been withdrawn or the protest has been resolved as described in this section. Protests shall be submitted to the following: (1) CHIEF COUNSEL DEPARTMENT OF GENERAL SERVICES, OFFICE OF LEGAL SERVICES
1325 J STREET, SUITE 1911
SACRAMENTO, CA 95814; AND
(2) CONTRACTS OFFICE, MS-18 CALIFORNIA ENERGY COMMISSION
1516 9TH STREET
SACRAMENTO, CA 95814
(c) Within five working days after filing the protest, the protesting Bidder shall file with DGS-OLS, and with the Commission, a full and complete written statement specifying the grounds for the protest;(d) The grounds for filing a protest shall be limited to allegations that the Commission failed to properly follow the evaluation process detailed in the CNS, or in section 2118 or section 2124 of these regulations;(e) When a protest is filed, DGS-OLS shall notify those Bidders who were awarded contracts, and give them an opportunity to rebut the protest. Written rebuttal arguments shall be submitted to DGS-OLS and the Commission within 10 days from the date of the notification;(f) DGS-OLS shall have the discretion whether to consider the protest and rebuttals based on written submissions alone, or written submissions and oral argument;(g) DGS-OLS shall make findings and a recommended decision within:(1) 30 days after oral arguments, if any; or(2) 30 days after the due date for rebuttal arguments if there are no oral arguments;(h) The Commission shall either approve or disapprove the recommended finding at the next possible publicly noticed Commission business meeting.Cal. Code Regs. Tit. 20, § 2121
1. New section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code section 25620.2(c)(8). Submitted to OAL for printing only pursuant to Public Resources Code section 25620.2(c)(9) (Register 2000, No. 1). Note: Authority cited: Sections 25218(e) and 25620.2(c), Public Resources Code. Reference: Section 25620.5, Public Resources Code.
1. New section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code section 25620.2(c)(8). Submitted to OAL for printing only pursuant to Public Resources Code section 25620.2(c)(9) (Register 2000, No. 1).