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Bid Awards and Protests

As part of the formal bid process, sealed bids and/or proposals shall be publicly opened and read at the date and time specified. After bids are opened, they shall be made available for public inspection within a reasonable time. Public inspection shall not include the disclosure of documents designated by the University to be confidential. Bids received after the closing date and time shall not be accepted.

As soon as practical after the bid opening, the campus shall begin the evaluation process to determine the lowest responsive and responsible bidder in accordance with the criteria for evaluation as stated in the solicitation. Deviations from requirements which do not materially impact the cost, quantity or quality of the item or service to be provided or do not directly affect the outcome of the bid award, in the opinion of the campus, may be waived.

Public notice of the intent to formally purchase on the open market will be posted on BidsOnline™ where participating bidders may view the detailed bid results.

All bids may be rejected whenever it is determined to be in the best interests of the campus. The bid document contains provisions for resolution of protests and disputes.

Protests, Disputes and Complaints: SJSU has the final authority to resolve protests, disputes and complaints arising from the solicitation, award or performance of a contract. Solicitation documents contain provisions for the resolution of protests and disputes. There are three types of protests, disputes or complaints:

  1. Protest of Solicitation Requirements: The solicitation document shall provide potential bidders with the opportunity to protest the specifications and/or requirements that the bidder feels may be unfair or unreasonable. Such protests must be submitted prior to the scheduled bid submittal deadline.
  2. Protest of Contract Award based on formal Competitive Solicitation: Complaints lodged by a bidder prior to the bidder's submittal of its formal statement of protest award may be resolved informally. If a bidder notifies the campus, in writing, within the timeframe specified by the solicitation document that it intends to protest the award on the grounds that the intended award is not in conformance with the provisions of the solicitation document, the contract shall not be awarded until the protest has been withdrawn or a decision has been reached by SJSU. A bidder that has expressed its intent to protest the award of the contract shall be provided five (5) days for submitting a full and complete written statement specifying the grounds of the protest and the facts in support thereof. Authority to protest may be limited to participating bidders.
  3. Disputes Subsequent to Award: Disputes subsequent to award may include, but not be limited to, contention over terms, pricing, payment, scope and/or deliverables. A dispute resolution and escalation clause, describing resolution procedures and the appropriate parties to which the matter may be escalated, may be included in solicitation documents and contracts, as applicable.

Resolution of protests, disputes or complaints: If, prior to the award of a contract, and in accordance with the posting of a Notice to Award, any bidder files a protest on the grounds that the award is not in conformance with the provisions of the solicitation document, the contract shall not be awarded until either the protest has been withdrawn or a decision has been reached by the appropriate campus authorities as to the action to be taken in response to the protest.

Any protest, dispute or complaint lodged by a bidder, vendor or contractor shall initially be addressed by the staff member in the Purchasing Office who was assigned to the transaction. Often, an issue may be resolved simply by providing a clarification of the bid document. However, once it becomes evident that a matter cannot be resolved informally by this means, it will be elevated to the Purchasing Manager and, if necessary, the Director of Procurement & Support Services (PASS).

After all factors have been analyzed, a final decision shall be issued in a timely fashion by the campus. The decision shall be in writing and shall be mailed or otherwise furnished to the bidder, vendor or contractor in such a manner as to ensure receipt. The decision of the campus is final.

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SJSU Accounts Payable
One Washington Square
San José, CA 95192-0041
A/P Tech Directory
Located in Clark Hall 500
Hours: 8:00AM to 12:00PM
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SJSU Purchasing
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San José, CA 95192-0047
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San José, CA 95192-0048
Phone: 408.924.1592
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