BID PROTESTS

SJ-MC tit. 27, ch. 27.10, pt. 6

in effect

San José Municipal Code § 27.10.210 Scope of part.

27.10.210 - Scope of part. Part 6 of this Chapter 27.10 addresses bid protests involving a Major Public Works Contract procured by Public Bidding. (Ord. 30308.)

San José Municipal Code § 27.10.220 Exclusive remedy.

27.10.220 - Exclusive remedy. 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.)

San José Municipal Code § 27.10.230 Waiver of rights.

27.10.230 - Waiver of rights. 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.)

San José Municipal Code § 27.10.240 Rejection of bids.

27.10.240 - Rejection of bids. A bidder cannot protest a decision to reject all bids, whether the rejection is by the Council or the Director. (Ord. 30308.)

San José Municipal Code § 27.10.250 Standing.

27.10.250 - Standing. 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.)

San José Municipal Code § 27.10.260 Timely submission.

27.10.260 - Timely submission. 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.)

San José Municipal Code § 27.10.270 No additional protest period.

27.10.270 - No additional protest period. 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.)

San José Municipal Code § 27.10.280 Written protest.

27.10.280 - Written protest. A bid protest must be submitted in writing and cannot be supplemented after submittal without the Director's written approval. (Ord. 30308.)

San José Municipal Code § 27.10.290 Protest contents.

27.10.290 - Protest contents. 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.)

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=TIT27PRPUWO_CH27.10PUBI_PT6BIPRFetched: 11/1/2026