Florida is home to some of the highest valued public construction projects in the United States. These projects can be incredibly lucrative for construction companies with the resources to take them on. There’s just one thing, though; they have to be won. A contractor can spend an incredible amount of time and energy putting together a bid, only to find that it was awarded to a competitor under dubious circumstances. When that happens, construction professionals are left with the prospect of filing a bid protest.
In this brief article, we discuss the deadlines for filing a bid protest in the state of Florida. Filing a bid protest is a complex process that can damage a contractor’s reputation if unjustly pursued. For assistance determining if a bid protest is warranted, consult a Lakeland construction attorney from Cotney Construction Law.
You Have 72 Hours to Make a Decision
The deadlines for filing a bid protest are described in Ch. 120 of Florida’s Administrative Procedure Act. Fla. Stat. § 120.57(3) states, “Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision.” This 72-hour period also applies to a protest pertaining to the contents of a solicitation. This goes without saying, but three days is not a lot of time to decide whether or not you will pursue a bid protest that could dramatically impact your company’s future.
You Have 10 Days to File a Formal Written Protest
“The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter.” Like many filings we write about, failure to correctly file a bid protest could result in your protest being thrown out. Your protest will need to state in detail why you’re protesting the award or solicitation. Your argument must be supported by facts and laws, which is why it’s crucial to work with a Lakeland construction attorney from the very beginning.
Related: Bid Protests in the State of Florida
Moving Forward With a Bid Protest
What we’ve described above is only the beginning of Florida’s bid protest process. Once a formal written protest is filed in a timely manner, the agency has no choice but to stop the solicitation or reward process until the manner is resolved. Resolving a bid protest is its own complicated process with its own set of strict deadlines. Again, we recommend consulting the Lakeland construction attorneys at Cotney Construction Law to help determine if filing a bid protest is right for you. Our attorneys will fight aggressively on your behalf, but only if it’s truly in your best interest. Give us a call and safeguard your right to work on public projects in the state of Florida.
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.