Construction Law

2 Reasons Why a Construction Lawyer Should File Your Bid Protest featured image

2 Reasons Why a Construction Lawyer Should File Your Bid Protest

North Carolina has seen steady population growth over the past decade. In fact, the Tarheel State’s growth rate is twice as fast as the national average. With tremendous population growth, North Carolina faces a variety of challenges and opportunities in regard to the state’s infrastructure. 

With the spread of COVID-19, we have seen many states elect to accelerate transportation projects. With freeways wide open and the unemployment rate rising, transportation projects can provide a jolt to the economy and construction firms have the opportunity to thrive during a recession. But what happens when your company does everything it can to land an amazing transportation project only to see it awarded to the wrong party?

In this brief article, we will discuss when a transportation project is wrongfully awarded to a competitor. We will also explain two reasons why you should partner with a Charlotte bid protest lawyer at Cotney Attorneys & Consultants for all your bid protests. 

Requirements to File a Bid Protest With the NCDOT  

In North Carolina, if contractors, subcontractors, and construction firms want to work on transportation projects, they have to apply for these government-funded opportunities through North Carolina’s Department of Transportation’s (NCDOT) bid process. Along with allowing licensed contractors to submit a bid proposal on projects, the NCDOT allows interested parties to participate in protest procedures if they feel that the contract was wrongfully awarded to another party. 

There are specific requirements in order to protest an awarded bid through the NCDOT. First, you can only protest through the NCDOT on government projects with a projected value of $10,000 or more. If a contractor wants to protest a contract below this value, their protest must be submitted and processed by the Director of the DOT. There are two elements of a bid protest that are especially important.  

Meeting the Deadline

A bid protester must submit a written request to protest with the Director of Purchasing within 30 days of the day the contract was awarded to a competitor. If a contractor fails to submit the written request in a timely manner, their protest will not be considered and the awarded bidder can resume their work on the project.

Stating Their Argument

When submitting a bid protest, the written request should clearly state on what grounds the awarded bid is illegitimate. It’s critical to partner with a Charlotte bid protest attorney to ensure that your request is clearly written and contains the necessary supporting documents to create a compelling protest for consideration. Remember, the state purchasing offer can refuse to provide a protest meeting request if they feel the request doesn’t feature a valid reason for challenging the decision.   

Assuming that the written request is delivered on time and features a qualified reason for protest, the Director of Purchasing will schedule a protest meeting within 30 days of receipt of the written request. Within 10 days of the meeting, the Director will provide the protester with their decision and will inform the state purchasing office of any further judicial review of the awarded contract. For more information on how a Charlotte bid protest lawyer can be of assistance, consult the construction attorneys at Cotney Attorneys & Consultants.  

If you would like to speak with a Charlotte bid protest attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.