As we discussed in the first and second sections of this five-part article, interested parties that were not awarded a contract due to a violation of procurement law or regulations have a right to challenge the agency’s decision in a bid protest. In this section, an Orlando construction lawyer will discuss common reasons why a bid protest is submitted.
Common Reasons for Challenging a Bid
When an agency awards a bid to a company for a project, they consider everything from the price point and technical specs of the project to the company’s past performance. Ideally, the agency will select the bid that poses the lowest risk and the best overall value. Here are some of the common reasons why contractors challenge a bid.
- Price Evaluation: After submitting a bid, an agency evaluates the price points and determines if they are reasonable. If the price is deemed too low or unreasonable to perform sufficient work, the agency needs to provide supporting evidence of their price analysis. Agencies do not have to choose the lowest qualified bidder; however, it’s not uncommon that the lowest priced bid is selected.
- Technical Evaluation: Conjoined with the price, every bid receives a technical score that defines the scope of work. In other words, to justify awarding a project to a higher priced bid, the agency needs to document that the improved technical specs improved the value of the project.
- Solicitation Protests: Requests for Proposals (RFP) requirements are submitted during the solicitation process along with Request for Quotations (RFQ), the price-related documents. If an agency relaxes either of these requirements during the solicitation process, it may result in a protest.
- Conflict of Interest: Whether it’s a personal conflict of interest or an organizational one, this is a common reason for a protest. For example, if one bidder has unequal access to relevant information for a bid, this could be considered a conflict of interest.
Should You Protest a Bid?
There are many important elements that factor into whether or not you should challenge a bid. For example, do you have a relationship with the contracting agency? Are you currently working on projects with this agency or have worked on contracts with this agency in the past? Is the protest worth your time and money to challenge? Do you feel confident that you have a strong case to present during a protest? Many of these questions can be answered by an experienced Orlando construction lawyer.
For more information on bid protests, please read sections four and five.
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.