Construction Law

5 Common Mistakes Made With Bid Protests featured image

5 Common Mistakes Made With Bid Protests

Many times when a contractor misses out on being awarded a bid, they have the option to protest the bid. However, without the help of a Bradenton construction lawyer, there are a few common mistakes a contractor may make when filing a bid. As an experienced law firm that has handled numerous bid protests cases, we know how important it is to be aware of all common mistakes you might be making when protesting a bid.

1. Not Hiring A Bradenton construction attorney

An experienced construction attorney will know all the common mistakes that are made when filing bid protests. They will know what to avoid, when the deadlines are, and how to submit all documentation properly.

2. Challenging The Solicitation’s Terms Post-Award

One of the major timeliness rules that accompany bid protests is the rule regarding challenges to the terms of the solicitation. A Government Accountability Office (GAO) protest that challenges alleged impropriety in the solicitation needs to be filed before a bid opening or at the time that is set for receipt of initial proposals. This rule is usually overlooked, and if a contractor is unaware of the rule and waits until after to challenge a mistake, it is too late.

3. Failing To Document Bid Protest Costs Correctly

Contractors may not know that they can recover all their costs if they win the GAO bid protest. Attorney fees can be reimbursed to a winning contractor only if the fees spent are documented correctly. Detailed billing records need to be made, and all time spent with attorneys should be recorded.

4. Alleging Bias On The Agency

Evidence, evidence, and more evidence. Lack of evidence that an agency was biased will not help you to win a bid protest.

5. Protesting Small Business Eligibility

The GAO does not have the authority to prove small business eligibility. If a contractor tries to file a protest that the small business that was awarded the bid is not a small business, the GAO will still have to dismiss the protest. If a contractor does not know about this rule, they could miss the opportunity to file a size protest correctly with the Small Business Administration (SBA).

To speak with one of our Bradenton construction lawyers, 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.