Section 1402 - Definitions(a) Arbitration, as used in this chapter, means a dispute resolution procedure in which the Department of General Services, Office of Administrative Hearings provides a neutral third party who decides the merits of a protest and issues a binding decision to the Parties.(b) Awardee includes Proposed Awardee and means the person or entity that was a successful bidder to a Solicitation and has been, or is intended to be, awarded the contract.(c) Close of Business, as used in this chapter, means 5p.m. Pacific Standard Time (PST) or Pacific Daylight Time (PDT), as applicable.(d) Contracting Department means either Procurement or the department which has applied and been approved by the Department of General Services to conduct the Solicitation under the Alternative Protest Pilot Project (Public Contract Code sections 12125- 12130.).(e) Coordinator means the person designated as the Alternative Protest Pilot Project Coordinator by the Department of General Services, Procurement Division, to coordinate all aspects of the Solicitation under the Alternative Protest Pilot Project (Public Contract Code sections 12125- 12130).(f) Estimated Contract Value means the value of Protestant's bid.(g) Frivolous means a protest with any or all of the following characteristics: (1) It is wholly without merit.(2) It is insufficient on its face.(3) The Protestant has not submitted a rational argument based upon the evidence or law which supports the protest.(4) The protest is based on grounds other than those specified in section 1410.(h) Major Information Technology Acquisition means the purchase of goods or services, or both, by a state agency, through contract, from non-governmental sources, that has significant mission criticality, risk, impact, complexity, or value attributes or characteristics. Pursuant to subdivision (e) of Section 11702 of the Government Code, these purchases shall include, but not be limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications that include voice, video, and data communications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(i) OAH means the Department of General Services, Office of Administrative Hearings.(j) Party means the Procurement Division of the Department of General Services, the Contracting Department, the Awardee, and Protestant(s).(k) Procurement means the Procurement Division of the Department of General Services.(l) Protestant means a person or entity that was an unsuccessful bidder to a Solicitation under the Alternative Protest Pilot Project (Public Contract Code sections 12125- 12130) and that protests the award.(m) Small Business means a Certified California Small Business, pursuant to Government Code Division 3, Part 5.5, Chapter 6.5 (commencing with section 14835) and Title 2, California Code of Regulations, section 1896.(n) Solicitation means the document that describes the goods or services to be purchased, details the contract terms and conditions under which the goods or services are to be purchased, and establishes the method of evaluation and selection.(o) Solicitation File means the Solicitation and the documents used by the Contracting Department in the Solicitation process, including documents used to evaluate bidders and select a Proposed Awardee. The Solicitation File shall remain available to the public except information that is confidential or proprietary.Cal. Code Regs. Tit. 1, § 1402
1. New section filed 8-18-98; operative 8-18-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 34).
2. Change without regulatory effect repealing subsection (m) and relettering subsections filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2). Note: Authority cited: Section 12126, Public Contract Code. Reference: Section 11702, Government Code; and Sections 12125- 12130, Public Contract Code.
1. New section filed 8-18-98; operative 8-18-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 34).
2. Change without regulatory effect repealing subsection (m) and relettering subsections filed 1-8-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 2).