In this four-part article, a Charlotte contractor lawyer is discussing many important topics related to filing a successful bid protest. In the previous section, a Charlotte construction litigation lawyer discussed the importance of meeting deadlines when filing a bid protest. In this section, we will focus on the grounds for filing a protest. Remember, when it comes to successfully challenging a bid, a Charlotte contractor attorney at Cotney Construction Law can assist you every step of the way.
2: What are the Grounds for Filing a Protest?
According to the U.S. Government Accountability Office (“GAO”), the most common protest grounds in 2014 were because “the agency failed to follow stated evaluation criteria, engaged in making and producing a flawed source selection or award decision, engaged in an unreasonable technical evaluation, and/or engaged in disparate treatment between offerors (either in proposal evaluations or through discussions).”
Although there are several reasons a bid can be wrongfully awarded to a competitor, in some cases, the contractor’s judgment may be clouded by their disappointment in not being awarded a contract. It’s important to consult with an experienced construction attorney that can make certain that filing a bid protest is justified. Further, your attorney can evaluate your bid package and assist you with developing a successful strategy for protesting this bid.
3: What Agency Should I Contact?
When filing a bid protest with an agency like GAO, you actually do not require an attorney. However, if you are inexperienced with bid protests, you will likely face several challenges when filing an effective one. As protesting a bid can be a complicated process, you may not understand which agency you should file your protest with. For example, you can either file a protest with the procuring agency or the GAO or through the Court of Federal Claims (COFC). Deciding which venue is the appropriate one to file your protest depends on the specific facts of your protest and the amount of time you have to challenge the decision, among other issues. When you consult with an experienced Charlotte construction litigation attorney, they will know how to effectively pursue the protest while also considering the total cost and the amount of time that will be dedicated to challenging an awarded contract on your behalf.
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.