MCM

Introduction

Appellant MCM Construction, Inc. (MCM) appeals from the judgment of the San Francisco Superior Court denying its petition for writ of mandate. MCM sought to compel respondent City and County of San Francisco (City) to set aside its award of a contract for construction of inbound and outbound highway ramps at the San Francisco International Airport to respondent Myers/Kulchin-Condon, a joint venture (Myers) and to award the contract to MCM. MCM contends the City abused its discretion in rejecting its bid as nonresponsive. MCM further contends the City abused its discretion in waiving deviations from bid instructions by Myers and in awarding the contract to Myers. In response, the City and Myers argue not only that the City did not abuse its discretion in rejecting MCM’s bid and in awarding the contract to Myers, but also assert that MCM waived its right to challenge the award of the contract to Myers by failing to timely protest Myers’s bid and that MCM lacks standing to challenge the award of the contract to Myers. We shall affirm the judgment.

Factual And Procedural Background

The City, through its airport commission, is in the midst of a $2.4 billion…