If you are looking to secure lucrative government projects, the next step is to place winning bids on projects, but this can be more difficult than it seems. At Cotney Construction Law, our construction attorneys assist contractors through every step of the bid process. This continues even after a bid has been awarded. We represent clients in their bid protest efforts and provide defense against bid protests. In either scenario, the side challenging the awarded bid needs to fundamentally prove that something illegitimate or defective transpired during the bid process in order to overturn the decision.
In this two-part article, a Birmingham construction lawyer, will discuss six reasons why a bid protest occurs. Although there are a wide range of reasons why a construction firm elects to challenge a ruling, these are some of the most common occurrences that result in a review of an awarded bid.
1) Improper Licensure
Contractors, subcontractors, architects, and all construction professionals need to always be mindful of the licensing requirements in the location they are working as well as the specifications outlined in the bid to work on a project. If during the bid process one of these professionals fails to submit proof of their license when required or is discovered to be uncertified, the bid should not be considered for selection.
2) Bid Specification Mistakes
As the scope of a project has many meticulous details related to the strategy of taking the project on, any critical mistakes within the bid package can be protested if these mistakes were overlooked during the procurement process. Although some small mathematical gaffes are acceptable, glaring mistakes that reflect undeniable error of judgment, a failure to follow the requirements of the contract, or potential violations of the law should be overturned if wrongfully awarded.
3) Agency Mistakes
If the agency awarding the contract made an error during their evaluation process, this can be challenged. For example, if the agency showcased any form of an erratic scoring criteria this can result in an overturned decision. Some other examples include favoritism by one panel member in their criteria or inability for the agency to follow their own bid process during the procurement process. As Birmingham construction lawyers that are experienced in both bid protests and bid defense, we cannot stress enough the importance of attending a debriefing with the agency when you are not selected. During this meeting, you can not only learn more about how you can improve your bids, but you can also learn valuable information related to the winning bid.
For more information on reasons why a bid protest occurs, please read part two.
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.