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Bid Protest From Second Position – Interstate 5 Rehabilitation

The firm’s client was the second-low bidder on an Interstate 5 rehabilitation project (Engineer’s Estimate $38 million).  The firm identified defects in the low bidder’s subcontractor listing and prepared a protest to the California Department of Transportation (Caltrans) seeking award of the project to the firm’s client.  The low bidder disputed its subcontractor listing contained a defect and requested Caltrans waive the defect if it concluded otherwise.  The firm responded, detailing for Caltrans how California law and Caltrans’ precedent precluded a waiver.  Caltrans agreed, rejecting the low bid and awarding the I-5 rehabilitation to the firm’s client.

Counsel: P. Randolph Finch Jr.

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