Stamison

The Department of Motor Vehicles (DMV) awarded a contract for certified mail forms and the attendant software and printers to real party in interest Moore Business Systems, Inc. The disappointed bidder, plaintiff United Systems of Arkansas, Inc. (USA), protested the award. After its protest was denied, USA petitioned for a writ of mandate to compel DMV to award the contract to USA or to receive, consider, and act on its protest. USA appeals from the denial of its writ petition, contending DMV and the Department of General Services (DGS) (DMV and DGS are referred to collectively as the State) should be compelled to follow the statutory procedure for handling a bid protest by issuing a notice of intent to award, and that the Board of Control (the Board) should hear its protest. USA also seeks attorney fees under Code of Civil Procedure section 1021.5. We reverse.

Factual and Procedural Background

DMV is required to send notice of license suspensions and revocations by certified mail. In May 1996, DMV issued a request for quotation (RFQ) to elicit bids for the purchase of approximately 1.5 million certified mail forms a year for a two-year period. The bidder was also to…