Cal. Code Regs. Tit. 2, § 1195 - Definitions

As used in this article:

(a) "Department" shall mean the Department of General Services.

(b) An "interested party" shall be defined as one of the following:

(1) The State agency which proposed the protested award;

(2) A protestant claiming to be the lowest responsible bidder meeting specifications, or, in any other instance, where the protestant claiming that the protestant would have been the awardee if the prescribed procedure for making the award had been followed.

(3) The proposed contract awardee.

(c) "Protestant" shall be an interested party who files a protest.

(d) "Detailed Statement of Protest" shall mean the written document filed with the department by the protestant within five days of the notice of protest. It shall contain all of the grounds upon which the protestant bases the protest.

(e) "Good Cause" shall be defined only as one of the following events or conditions:

(1) Death of a party, representative or attorney of a party, or witness to an essential fact, or the parent, child or member of the household of such person, when it is not feasible to substitute another representative, attorney or witness because of the proximity of the hearing date.

(2) Incapacitating illness of a party, representative or attorney of a party, or witness to an essential fact when it is not feasible to substitute another representative, attorney or witness because of the proximity of the hearing date.

(3) Lack of notice of hearing as provided in Section 1194.2.

(4) Stipulation for continuance signed by the protestant and awarding agency which is timely communicated with request for continuance to the Department of General Services.

(5) Substitution of the representative or attorney of a party upon showing that the substitution is required.

(6) Unavailability.

(A) Unavailability of a party, representative, attorney or witness to an essential fact on account of conflicting and required appearance in a judicial matter if:

1. When the hearing date was set, the person did not know and could neither anticipate nor at any time avoid the conflict.

2. The conflict with request for continuance is immediately communicated to the Department of General Services.

(B) The unavailability of a party, representative or attorney or material witness due to an unavoidable emergency.

Notes

Cal. Code Regs. Tit. 2, § 1195

1. New Subchapter 1.5 (Sections 1195-1195.6, not consecutive) filed 4-19-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 16).

Note: Authority cited: Sections 10376, 10378, 10343 and 10345, Public Contract Code. Reference: Sections 10376, 10378, 10343 and 10345, Public Contract Code.

1. New Subchapter 1.5 (Sections 1195-1195.6, not consecutive) filed 4-19-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 16).