The bid process is an integral part of securing work for construction contractors and companies across the United States. It's a competitive element of the job that requires careful attention and consideration to secure major government projects, but the bid process isn't always as fair or as straightforward as it should be.
The bid process is an integral part of securing work for construction contractors and companies across the United States. It's a competitive element of the job that requires careful attention and consideration to secure major government projects, but the bid process isn't always as fair or as straightforward as it should be.
In some cases, the bid process was improperly executed and a company was either awarded the bid due to unearned qualifications, awarded in a favorable manner, or even awarded in an illegal manner. It's important to defend your right to a fair bid process on these jobs according to the law, which is where a bid protest comes in. These protests allow your company to stand your ground and get the work you deserve based on the true and honest qualifications of your bid.
Bid Protest Timelines
When are you able to enter a bid protest for a federal construction contract? According to the U.S. Government Accountability Office, a bid protest "must be filed within 10 days of when a protester knows or should know of the basis of the protest."
To take this further and clarify that language, there are two timelines at play: one is for a pre-award protest based on improper or inaccurate elements of a Request for Proposal (RFP) and the other is a post-award protest. The pre-award protest must be done earlier in the process before the bids open or have closed, depending on when the protestor learned of the improprieties. A post-award bid protest must be filed within 10 days of the protester's learning of the improper bid award or within 10 days of when that information should have been known. This is often within 10 days of the bid opening.
What Are Common Causes of Bid Protests on Government Contracts?
When does it make sense to file a bid protest? Truly, a bid protest is necessary in any situation where a bid was improperly awarded from either perspective, whether it's the government or bidders acting improperly.
Common causes for bid protests include:
- A bidder misleading the government about unearned qualifications to earn more points in the scoring process
- The winning bid is neither the most qualified nor the lowest-priced bidder
- The RFP includes details that don't align with the project, laws, or regulations
- The government makes mistakes during the scoring process, whether intentionally or unintentionally
- Bid evaluators act in a partial manner toward a specific bidder or group of bidders
- The awarded bidder is unresponsive or irresponsible
In any of these cases, you need to work with a qualified attorney who knows construction law, knows how to navigate government contracts, and has experience in the courtroom. These legal matters are crucial to securing work for your business and setting your company up for life-changing projects.
Protest Improper Bid Procedures with Arnold & Willis
The team at Arnold & Willis regularly works with contractors across the country to protest bids on government work. We support the rights of workers in the construction industry to properly present and defend their work. You can't afford to let this slide. Contact us today to ensure your business secures the opportunities it rightfully deserves.