As Brandon construction lawyers, we know that when contractors bid on local, state, or federal government projects, there is always the chance that they will not be awarded the contract. It’s extremely important for contractors to ensure that no mistakes were made during the bidding process. If you suspect that a bid has been improperly awarded, you have the right to protest the bid, however that process can be long and complicated unless you have the aid of a lawyer.
There are a few common reasons that will make a contractor protest a government bid. In this article we will be discussing irresponsible bidders and unresponsive bidders and the differences between the two. During the bidding process, the selection committee will evaluate all the bids to determine if those bidding are responsible and responsive. The selection committee should then eliminate all bidders that don’t show those characteristics.
What Qualifies as an Irresponsible Bidder?
To qualify as a responsible bidder, one must prove that their firm is able to perform the contract. A firm is considered irresponsible if they:
- Have a history of not fulfilling/finishing past contracts
- Are unlicensed
- Have criminal convictions
If a firm has any of those qualities, they should be deemed irresponsible and immediately removed from the list of possible bidders by the selection committee. If this is not the case, and the irresponsible firm is awarded the contract, you have the right to protest the bid.
What Qualifies as an Unresponsive Bidder?
As Brandon construction attorneys, we know that the second thing selection committees should be on the lookout for is whether the bid is responsive or unresponsive. A responsive bid, and therefore a responsible bidder, means that the bid has been completely filled out exactly to the specifications that are outlined in the bid application. If even one part of the bid is filled out incorrectly, the bid should be rejected by the selection committee. If the selection committee fails to remove the unresponsive bidder from their list, you have the right to file a bid protest.
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.