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Bid Protest Defense / Subcontractor Listing Inconsistency – Caltrans

The firm’s client was the low bidder on a roadway improvement project for Caltrans.  A competing bidder protested, contending the firm’s client submitted a detailed/24-hour subcontractor listing that inappropriately expanded the scope of listed subcontractors from the scopes listed in the bid.  As precedent, the protester relied on several Caltrans decisions in which Caltrans rejected bids containing such subcontractor scope expansions.  The firm responded to the protest, distinguished the awards relied on by the protester, and provided examples of other Caltrans bid protest decisions that justified award to the firm’s client.  Caltrans ultimately rejected the protest and awarded the project to the firm’s claim.

Counsel: P. Randolph Finch Jr.

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