City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00093 3/7/2023 Consent Item 7.
Designation of Bid Protest Hearing Officer
File ID: 2023-00093
Location: Citywide
Recommendation: Adopt a resolution designating Jones-Mayer as hearing officer for bid protests.
Contact: Gerald Hicks, Supervising Deputy City Attorney (916) 808-5346 [email protected], Office of the City Attorney Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
Additional Description/Analysis
Issue Detail: Article X of Chapter 3.60 of the Sacramento City Code sets forth the process and procedures for bid protests of public projects. Section 3.60.520(A) provides that “[a] bid protest shall be heard by an independent hearing examiner furnished by an entity designated for this purpose by resolution or agreement of the city council.”The City issued a Request for Proposals for bid protest hearing officer services. There were two responses. After reviewing the responses, Jones-Mayer was selected based on their expertise in public work matters.
Policy Considerations: City Code section 3.60.520 requires the City Council to designate a hearing officer for bid protests.
Economic Impacts: None
Environmental Considerations: Appointment of a bid protest hearing officer is an administrative action that will not result in direct or indirect physical changes in the environment and therefore not a
File ID: 2023-00093 3/7/2023 Consent Item 7.
“project” under CEQAGuidelines section 15378(b)(5).
Sustainability: Not applicable
Commission/Committee Action: Not applicable
Rationale for Recommendation: Sacramento City Code requires that bid protests be heard by hearing officers designated by resolution of the City Council.
Financial Considerations: Jones Mayer will charge a rate of $240 per hour for hearing bid protests.
Bid protests are initiated by the deposit of a bid protest fee by the protesting bidder. If the cost of the bid protest exceeds the amount of the bid protest fee, the excess is paid by the losing party.
Local Business Enterprise (LBE): Waived
RESOLUTION NO. 2023-
Adopted by the Sacramento City Council
________, 2023
Designation of Hearing Officer for Bid Protests
BACKGROUND
A. Article X of Chapter 3.60 sets for the process and procedures for hearing bid protests on public projects. Section 3.60.520 requires that a bid protest “be heard by an independent hearing examiner furnished by an entity designated for this purpose by resolution or agreement of the city council.”
B. City staff conducted a request for proposals for a hearing officer for bid protests.
After review of the two proposals received, Jones Mayer was selected to be recommended to Council for designation as the hearing officer for bid protests.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. Jones Mayer is designated as the hearing officer for bid protests.
Adopted by the City of Sacramento City Council on _______, 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Attest:
_____________________________________
Mindy Cuppy, City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.