San Jose Municipal Code Part 7 Responding to a Bid Protest

Part 7 of this Chapter 27.10 addresses responding to a bid protest.

(Ord. 30308.)

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.)

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.)

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.)

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.)

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.)