California Public Procurement Bid Protest Process

“In examining the bid protest process in California, this BRIEFING PAPER first addresses the significant disclosure risks that a contractor faces concerning its confidential or proprietary information under the California Public Records Act and the issues that arise when seeking an exemption to avoid such disclosures. A contractor must evaluate its risk of disclosures of confidential business information before entering into the government procurement process, especially where the contractor values its competition sensitive information as a significant asset. The PAPER next examines the various protest processes that are available to contractors, including the Alternative Protest Pilot Project (Alternative Protest) that is applicable to many solicitations for information technology goods and services. Finally, the PAPER covers concerns regarding local government procurement protests and special rules that apply to the protests of public works procurements.”

Read the full briefing here.