As Jacksonville contractor lawyers, we understand that public projects account for a large portion of revenue generated within the construction industry. For this reason, it is essential that the legitimacy of the bidding process be upheld, and contracts be awarded fairly. If this is not the case, a disappointed bidder who is directly affected by the award, most commonly the second lowest bidder or one whose bid was deemed non-responsive or non-responsible, has the right to protest the bid. Independently or with the assistance of a contractor lawyer in Jacksonville, a bidder has the right to contest a bid pre or post award. In the State of Florida, this is governed by the Administrative Procedures Act (APA), and federally by the U.S. Government Accountability Office (GAO) .
Pre-Award Bid Protest
Pre-award bid protests can be submitted for a number of reasons, but most commonly they challenge a provision within the contract such as an ambiguous solicitation request or an unfair advantage given to one or more bidders.
Post-Award Bid Protest
Post-award bid protests challenge the awarding of a contract after the winning bidder is announced and the bidding process has closed. An official Notice of Intent to Protest must be filed within 3 days of the announcement. From that point, the bidder or their Jacksonville contractor attorney has 10 days to file the formal bid protest petition. Within this document, specific evidence must be shown proving the bidder’s right to protest. If valid, the awarding of the bid will cease. The local, state, or federal agency will allow 7 days for a mutual agreement to be reached. If one cannot be reached, either an informal or formal hearing will be held at the Division of Administrative Hearings or the Court of Federal Claims. A judge will then grant a recommended order, and the final order is then handed down by the government agency.
Bid Protest with the Help of an Experienced Contractor Attorney in Jacksonville
At Trent Cotney, P. A., our team of experienced contractor lawyers in Jacksonville can help you navigate through a bid protest with local, state, and federal agencies. We are highly knowledgeable and experienced in the bidding process.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.