Garvey Equipment v. Dept. of General Services CA3

BACKGROUND

DGS, on behalf of CalTrans, issued an invitation to bid for the purchase of nine brush chippers and associated training, maintenance and repair services and a separate invitation to bid for the purchase of six tree chippers and associated training, maintenance and repair services. The invitations to bid provided that the contracts would be awarded to the lowest responsive and responsible bidder meeting all of the administrative and technical requirements and terms and conditions of the solicitations for bids. The invitation to bid for brush chippers required an engine with a minimum rating of 115 horsepower. The invitation to bid for tree chippers required an engine with a minimum rating of 315 horsepower and a boom that stowed within the limits of the trailer edges for transport. Garvey and RKU submitted bids in response to the invitations to bid. When DGS posted notices of intent to award the contracts to RKU, Garvey challenged RKU’s bids. Garvey asserted that RKU (1) proposed chippers with engines and infeed chutes that did not meet the contract specifications, (2) failed to list Cal-Line Equipment as a subcontractor, (3) did not satisfy the commercially useful…