Although there are countless reasons why a bid protest occurs, in this two-part article Birmingham contractor attorneys will discuss some of the main reasons why a construction company may want to challenge a bid awarded to a competitor. Conversely, you may need defense against a bid protester. Regardless of whether you are protesting a bid or defending against a protester, the construction law attorneys at Cotney Construction Law are here to assist you with anything and everything related to bid protests.
In the first section, we covered three reasons why bid protests occur: improper licensure, bid specification mistakes, and agency mistakes. In this section, we will cover three other common reasons why an awarded bid is challenged: non-responsive bidders, agency favoritism, and unqualified bidders. Remember, if you were recently involved in the bid process and want to protest a bid awarded to a competitor, consult a Birmingham contractor attorney.
4) Non-Responsive Bidders
When a construction firm is awarded a project, there must not be any irregularities to the bid. The agency that is awarding the bid must select a bid proposal that reflects on the requirements they essentially mapped out for the project during the bid process. This bid should not be selected if the proposal significantly impacts the pricing of the project, the bidder strays from key requirements in their solicitation efforts, this deviation gives the bidder a competitive advantage over the other bidders, or this abnormality in their bid negatively affects the best interests of the agency that is funding the project.
5) Agency Favoritism
The agency awarding the project may engage in preferential treatment towards a certain bidder. Perhaps they have an established professional relationship with this bidder or they personally can profit in some form by working with this bidder. If there were any unethical actions performed during the procurement process, you can challenge the validity of the bid.
6) Unqualified Bidders
The agency selecting the bid must show that it determined its evaluation based off the merits of the awarded bidder and that this entity fulfilled all of the requirements of the bid. In other words, this means that the selected bidder is a responsible bidder and can perform all of the aspects of the contract. In some cases, the bidder awarded the contract may not have the financial capabilities to perform the required work, they may have negative past experiences on similar projects that should disqualify them from consideration, or they may simply be unqualified to oversee the project. If the bidder awarded the project is irresponsible in any form, the bid can be challenged.
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.