Defeating a Bid Protest in California

July 31, 2018

Competition for federal, state, and local government contracts continues to be fierce. If your company finds itself in competition for, and then awarded, a lucrative government contract, there’s a strong chance that your company will be pulled into the bid protest process, helping the government agency defend the contract award.

Epstein Becker Green has substantial experience assisting clients with bid protests. For example, in July 2018, Epstein Becker Green prevailed by defeating a bid protest involving a $65 million California Department of Technology (CDT) contract awarded to a longtime client of the firm. (The contract involves the administration of a state program offering discounted telecommunications services to eligible California residents.) Following the CDT’s contract award to Epstein Becker Green’s client, the disappointed bidder—the contract incumbent—filed a bid protest claiming that the CDT violated the solicitation procedure.

After reviewing the case facts and Epstein Becker Green’s protest brief as well as the State’s brief, the Administrative Law Judge for the California Office of Administrative Hearings sided with Epstein Becker Green’s client and with the State of California, concluding that the disappointed bidder failed to prove any solicitation procedure violation.