Practice Areas

Should You File A Bid Protest? Part 1

In the construction industry, if you place a bid on a government contract and don’t win, you have two options. You can accept the decision and walk away, or, if you have suspicions that the bid was awarded unjustly, you can protest the bid with the help of your Bradenton construction attorney.

There are a few different reasons that can lead to a contractor pursuing a bid protest. In this article, we will go over a few of the more common ones. To view the second half of this article, please visit Part 2.

The Bid was Awarded to an Irresponsible or Unresponsive Bidder

To determine the winning bidder, the board or selection committee will evaluate all bids
to see who is responsible and responsive. The bidders who don’t fall into those two categories should be immediately eliminated from the process. If a contractor discovers that the winner was irresponsible or unresponsive, they have the grounds to file a bid protest.

What Qualifies as an Irresponsible Bidder?

For a bidder to qualify as responsible, it means they (or their firm) is able to perform the entire contract. The board or selection committee will look at the firm’s history to see if they have a pattern of not finishing past contracts, as well as check to see if the firm has operated unlicensed or has any criminal convictions. If the selection committee sees any of the above, the firm should be ruled as irresponsible. If this isn’t the case, and an irresponsible bidder wins the contract, contact your Bradenton construction lawyers about protesting the bid.

What Qualifies as an Unresponsive Bidder?

The selection committee will also look to see if a bidder is responsive or unresponsive. In order for a bidder to be considered for the award, the bid must be filed and filled out to the exact specifications listed within the bid application. If even one section of the bid is filled out incorrectly, the bid should be rejected. If a contractor discovers an unresponsive bidder won the contract, they have the right to protest their win.

If you are looking for an experienced Bradenton construction lawyer, please call us at 813.579.3278 or submit our contact request form.

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.

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