Protest or Dispute a Contract

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Protest or Dispute an Architectural and Engineering (A&E) Service Contract

Protest procedures for A&E contracts can be viewed in the Statement of Qualifications (SOQ) Submittal Instructions.

A&E contract disputes are handled according to the terms of the contract language.

For more information regarding A&E contracts, visit the A&E Contract Information page.

Protest a Non-A&E Service Contracts

Per Public Contract Code (PCC) Section 10306 , prior to award, any bidder who has submitted a bid may file a protest with the department against the awarding of the contract on the grounds that he or she is the lowest responsible bidder meeting specifications. When a contract is not to be awarded to the lowest bidder, the bidder must be notified at least 24 hours prior to awarding the contract.

The right to protest a proposed award is afforded to any bidder or proposer who claims it should have been awarded the agreement because it was the lowest possible bidder or the highest-scored proposer meeting the specifications.

Refer to the “Award and Protest” section of the contract solicitation for detailed instructions on how to file a protest.

Dispute a Non-A&E Service Contract

A post award dispute is a disagreement or conflict between a bidder/contractor and the department after a purchase document has been executed. Most often, contract disputes arise due to contract performance issues on the part of either the contractor or the state.

Caltrans facilitates and mediates resolution of contract disputes, relative to the acquisition of goods and services.

Issues can arise between the contractor and Caltrans during the performance of a contract. If the Contract Manager and the contractor cannot resolve an issue, the contractor may file a formal dispute with the Division of Procurement and Contracts (DPAC). Contact the DPAC Bid, Protest, and Dispute branch for information on how to file a dispute.

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