San Jose Municipal Code Part 6 Bid Protests

Part 6 of this Chapter 27.10 addresses bid protests involving a Major Public Works Contract procured by Public Bidding.

(Ord. 30308.)

The bid protest procedures and time limits in this Part 6 are mandatory and are the exclusive administrative remedy for protesting a bid.

(Ord. 30308.)

A. Failure to comply with the procedures and time limits in this Part 6 is a waiver of any right to pursue a bid protest.

B. Failure to include an issue or argument in a bid protest is a waiver of any right to pursue such issue or argument.

(Ord. 30308.)

A bidder cannot protest a decision to reject all bids, whether the rejection is by the Council or the Director.

(Ord. 30308.)

Only the following Persons have standing to protest a bid:

A. A potential bidder who demonstrates it did not submit a bid because of an error in the procurement process; and

B. A bidder who demonstrates it would have a reasonable possibility of being awarded the contract if the City were to sustain its protest.

(Ord. 30308.)

A. The Director must receive a bid protest at the location stated in the notice of intended determination.

B. The Director must receive the bid protest by 5:00 p.m. on the 3rd Business Day after the day the Director gives bidders notice of the posting of the notice of intended determination.

C. The Director will not accept a late bid protest.

(Ords. 30308, 31237.)

A. Bid protests must be submitted within the time set forth in Section 27.10.260.

B. There will be no additional protest period, even if a timely submitted protest results in a change to which bidder the Director will award, or will recommend award of, the Major Public Works Contract.

(Ord. 30308.)

A bid protest must be submitted in writing and cannot be supplemented after submittal without the Director's written approval.

(Ord. 30308.)

A written protest must include the following:

A. The protestor's identity and standing to submit a protest;

B. The name of the Major Public Works Contract at issue;

C. A complete statement of the legal and factual grounds for the protest, including specific references to relevant documents and legal authorities;

D. Copies of any documents that support the protest; and

E. A request for a responsibility hearing in accordance with Section 27.10.470 of this Chapter if the bidder is protesting a proposed determination that it is not a Responsible Bidder.

(Ord. 30308.)