PROTEST PROCEDURES

SJ-MC tit. 4, ch. 4.12, pt. 5

in effect

San José Municipal Code § 4.12.410 Right to protest.

4.12.410 - Right to protest. A. Only the following persons have standing to protest a bid: 1. A potential bidder who demonstrates it did not submit a bid because of an error in the procurement process; and 2. A bidder who demonstrates it would have a reasonable possibility of being awarded the contract if the City were to sustain its protest. B. There will be no additional protest period, even if a timely submitted protest results in a change to which bidder will be awarded the contract. (Ords. 27980, 31227.)

San José Municipal Code § 4.12.415 Formal and informal protest procedures.

4.12.415 - Formal and informal protest procedures. The remaining sections of this Part shall govern protests of decisions regarding procurements having a value greater than the Informal Procurement Threshold. Protests of decisions regarding procurements having a value equal to or less than the Informal Procurement Threshold shall be governed by an administrative procedure promulgated by the Director. However, until such time as this administrative procedure is promulgated, the protest procedures in this Part shall apply to procurements having a value equal to or less than the Informal Procurement Threshold, except that for such procurements, the Procurement Authority's decision shall be final. (Ords. 28802, 30955.)

San José Municipal Code § 4.12.420 Notice of decision.

4.12.420 - Notice of decision. After a decision regarding a procurement having a value greater than the Informal Procurement Threshold has been made, the Procurement Authority shall send a notice of intended award to all persons who submitted a response to a City solicitation. (Ords. 27980, 28802, 30955.)

San José Municipal Code § 4.12.430 Time to file notice.

4.12.430 - Time to file notice. All protests must be filed in writing with the director within ten (10) calendar days after the sending of the notice of intended award. (Ord. 27980.)

San José Municipal Code § 4.12.440 Form of protest.

4.12.440 - Form of protest. All protests shall be in writing and shall state the grounds for the protest as well as all of the facts relevant to the protest. All protests hall be filed in accordance with the instructions contained in the solicitation which is the subject of the protest. (Ord. 27980.)

San José Municipal Code § 4.12.450 Procurement authority's decision.

4.12.450 - Procurement authority's decision. The procurement authority shall issue a written decision on the protest. The procurement authority may base the decision on the written protest alone or may informally gather evidence from the person filing the protest or any other person having relevant information. (Ords. 27980, 28802.)

San José Municipal Code § 4.12.460 Appeal of decision.

4.12.460 - Appeal of decision. An appeal of the procurement authority's decision may be filed with the city council. All such appeals must be in writing, and shall be filed with the city clerk within ten calendar days of the sending of the procurement authority's decision. (Ords. 27980, 28802.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT4REFIBUTA_CH4.12PRGOSE_PT5PRPRFetched: 11/1/2026