Title 27 — PROCUREMENT OF PUBLIC WORKS
Part 7 — RESPONDING TO A BID PROTEST
San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose
27.10.300 - Scope of part.¶
Part 7 of this Chapter 27.10 addresses responding to a bid protest.
(Ord. 30308.)
27.10.310 - Exclusive remedy.¶
The bid protest response procedures and time limits in this Part 7 of this Chapter 27.10 are mandatory and the exclusive administrative remedy for responding to a bid protest.
(Ord. 30308.)
27.10.320 - Waiver of rights.¶
A.
A bidder's failure to comply with the procedures and time limits in this Part 7 of Chapter 27.10 is a waiver of any right to pursue a response to a bid protest.
B.
A bidder's failure to include an issue or argument in a response to a bid protest is a waiver of any right to pursue such issue or argument.
(Ord. 30308.)
27.10.330 - Written response.¶
A.
A bidder that is the subject of a protest may submit a response.
B.
The response must be in writing and cannot be supplemented after submittal without the Director's written approval.
(Ord. 30308.)
27.10.340 - Timely response.¶
A.
The Director must receive a bidder's written response at the location stated in the notice of determination.
B.
The Director must receive the response by 5:00 p.m. on the 3rd Business Day following the last day for submitting a bid protest.
C.
The Director will not accept a late response.
(Ord. 30308.)
27.10.350 - Response contents.¶
A bid protest response must include the following:
A.
A complete statement of all legal and factual grounds for opposing the protest, including specific references to relevant documents and legal authorities; and
B.
Copies of any relevant documents supporting the response.
(Ord. 30308.)
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