National Identification Systems, Inc. v. State Board of Control

The state awarded a contract to NBS Imaging Systems, Inc. (NBS) to provide an integrated data processing and card production system for the Department of Motor Vehicles (DMV). National Identification Systems, Inc. (NIS), a disappointed bidder, protested to the Board of Control (Board). After the Board dismissed the protest, NIS petitioned the superior court for a writ of administrative mandate against the Board. The superior court issued a writ ordering the Board to set aside its decision and reconsider part of it. All parties appeal. Finding no abuse of discretion in the Board’s decision, we reverse the judgment of the superior court.

Facts and Procedural History

On December 2, 1988, the Department of General Services (DGS) issued a request for proposal (RFP). The RFP sought bids on a system to digitally capture, store, and retrieve photographs, fingerprints, and data and produce plastic driver’s licenses, salesperson’s licenses, and identification cards for DMV. The successful bidder would provide these services at a cost-per-card price to DMV. To construct such a system, bidders were encouraged to select and combine hardware and software to best provide the services…