Many construction industry professionals rely on winning government contracts bids to keep their business successful. The lawyers of Cotney Construction Law know all too well the frustrations contractors feel after investing time and energy into preparing a proposal for submission. This is why understanding bid protests is critical when you have a valid reason for protesting.
As Jacksonville construction lawyers, we have represented those who have protested bids due to unresponsive bidders, irresponsible bidders, evaluator partialities, incorrect scoring—the list goes on. It’s one thing to challenge a contract post-award, but according to the Government Accountability Office (GAO) procedures, an award can also be protested prior to proposal submission deadline. This is known as a pre-award protest, which occurs at the solicitation level. We’ll give you 10 reasons you may be able to challenge a pre-award bid.
- Violation of a statute or regulation
- Omitted or ambiguous provisions or clauses
- Provisions or clauses that do not meet agency needs
- Unfair restriction of competition
- Issues with an agency’s evaluation practices
- Failing to amend solicitations after changing a requirement
- Intent to modify an award post-award
- Unreasonable bid cancellation
- Failing to allow proposal revision after making changes to a solicitation
- Agency bias
The above list is non-exhaustive. There are various other reasons to protest a pre-award bid that require the legal expertise of an attorney who can examine your case and recommend the best course of action.
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.