Construction Law

Expert Answers to Common Bid Protest Questions

Bid protests are expensive and unpredictable for contractors. A contractor that protests a bid may still have to go through the bidding process with no guarantee of winning. Contractors should be asking themselves if it’s even worth it to protest a bid. Still, there are occasions when it totally worth it to pursue a bid protest so we’ve compiled answers to common bid protest questions.

What is a Bid Protest?

Contractors who feel that the terms and conditions of a public solicitation have been violated, that a contract award was not made in compliance with an award solicitation, or a law or regulation has been broken may make a complaint through a legal process known as a bid protest.

Do I Need an Attorney to File a Bid Protest?

Attorneys are not required to file bid protests; however, we highly recommend you retain a Lakeland construction attorney who is familiar with the bid process and procurement regulations. Unless you thoroughly understand bid protests, you’ll want to hire a highly experienced bid protest attorney. A bid attorney can move expeditiously and will ensure there are no in the process.

Where Do Protests Get Filed?

Bid protests are filed in three ways. Look to your bid documents for bid protest submission details. Selecting the place to file the protest is a complex issue. You should obtain the advice of an experienced protest attorney before filing a protest.

What is a Pre-Award Protest?

If you want to challenge the terms in a Request for Proposal (RFP), you may do so before you submit your bid and proposal. One a pre-award protest is submitted, the agency will temporarily postpone the award process to resolve the protest.

What is a Post-Award Protest?

If an award has been awarded and you want to challenge the fairness or validity of the award, you can submit a post-award protest. The performance of the award will be postponed until the protest is resolved.

When Must a Protest Be Filed?

Timeliness is crucial. A Notice of Intent to Protest must be filed within three days of your awareness of a Notice of Intent to Award or a Notice of Award. With federal contracts, you have 10 days to do so. Look to your bid documents for possible Notice of Intent to Award or Notice of Award postings times. It’s important to note that pre-award protests should always be filed before proposals or before bids are due.

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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.