Sacramento Municipal Code Art. VI Protests

The city manager shall establish protest policies, subject to the requirements set forth in this article. Only a bidder or proposer on a contract, or the authorized representative of the bidder or proposer, may file a protest on that contract. (Ord. 2024-0010 § 4)

A protest may be filed based on any of the following:

A. Failure to follow the requirements of the solicitation;

B. Failure to comply with applicable law;

C. Alleged error or misconduct in the solicitation process or documents; or

D. Any grounds in the city manager's established protest policy. (Ord. 2024-0010 § 4)

Time for filing a protest.

A. Any protest alleging improprieties in the solicitation documents must be filed no later than five business days prior to the deadline for submissions in response to the solicitation.

B. For any protest not covered by subsection A, the protest must be filed with the city no later than five business days after the protestor knew or should have known of the facts giving rise to the protest, but in no event later than five business days after the city issues a written notice of recommendation for award or approval. (Ord. 2024-0010 § 4)

A. Protests must be in writing and must include the following:

1. The name, address, e-mail address, and telephone number of the protester;

2. A description of the contract to which the protest pertains, including the contract number and date that bids or proposals for the contract were received by the city;

• 3. The city department or division issuing the solicitation;
• 4. The factual and legal grounds for the protest;
• 5. The desired relief sought by the protester; and
• 6. Any written materials that the protester wishes to have considered.

B. Protests shall be addressed to the City Clerk, 915 I Street, New City Hall, Sacramento, CA 95814, or to the contract manager, as set forth in the city's protest policies.

C. Any protest that does not comply with this section and the city's protest policies is invalid and shall not be considered. (Ord. 2024-0010 § 4)

A. At the time a protest is filed, the protester shall deposit with the city a protest fee in an amount established by resolution of the city council. Any protest that is not accompanied by the protest fee is invalid and shall not be considered.

B. The city shall use the protest fee to pay costs incurred by the city for the hearing and hearing examiner. If the costs are less than the protest fee, the city shall return any unexpended amounts. If the costs exceed the protest fee deposited, and the protest is denied, the city may invoice the protester for any additional unpaid costs, and the protester shall pay all costs due no later than 30 calendar days after the date of the invoice. Any protester that fails to pay an invoice within 30 days is barred from filing a protest on any subsequent city contract until the city receives payment of all costs due plus interest, at the rate of 10% per annum, beginning 30 calendar days after the date of the invoice. (Ord. 2024-0010 § 4)

If a valid protest is filed, either a hearing examiner or the city council may consider the protest, as set forth in the city's protest policies. (Ord. 2024-0010 § 4)