At Cotney Construction Law, our Orlando construction lawyers help contractors procure government projects through the bid process. In some cases, you may submit a bid that is not selected by a government agency. When you place a bid on a federal contract and that bid is awarded to another construction company, you may have the right to challenge that bid by providing the government agency with a written objection commonly referred to as a bid protest. In this five-part article, an Orlando construction lawyer will discuss everything you need to know about bid protests in the construction industry.
Are You an Interested Party?
In order to qualify as a bid protester, you must prove that the federal government violated a procurement law or regulation during the solicitation process or when the contract was awarded to the bid winner. To be eligible to challenge a bid, you must be an “interested party” meaning that you submitted a qualified bid during the bid process and have an economic interest in the outcome of the procurement process. In other words, you must prove that this violation impacted your qualified bid meaning that your submitted bid was under consideration during the selection process.
Do You Require Legal Counsel?
There are several options a contractor can utilize to challenge a bid. Depending on the process you elect to take to protest a ruling, you may or may not require the presence of an attorney. Regardless of your legal need for an attorney, your chances of winning a bid protest increase exponentially when you consult with a professional that specializes in bid protests. This experienced professional can play a key role in monitoring the protest for you.
If you have been awarded a contract, but another entity is challenging that decision, the awardee will want to file an intervention to protect the procurement of the project. Whether you are challenging a bid or defending against a bid protest, it’s best to consult with a knowledgeable attorney that can provide you with accurate legal advice pertaining to your case.
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.