The Importance of Bid Protests

In the spirit of football season, we are sharing an article that draws a connection between football and bid protests!

Bid protests serve as a revision of the decision making process.

A recent case in the construction of the New Orleans airport exemplifies the importance and benefits of bid protests. In this case, two members of the board incorrectly filled out their voting forms when selecting the builder for the project. The contractor who lost the bid protested and the bid process was then reviewed. Because the contractors’ ballots were incorrect, the award was rescinded and the bidding process was restarted.

Just as a coach gets a limited number of protests during a game, a contractor should use similar consideration when deciding to challenge a bid. No contractor should throw out the red flag hastily, he or she should have had the bid process reviewed by an experienced counsel. The contractor should have obtained concrete evidence that will support their challenge. An unsuccessful bid protest won’t cost a contractor a time out but it wastes time and money and can affect one’s credibility with an agency that he or she might work with in the future.

Take Away: Bid protests are a tremendous tool to challenge the award of a project. But, a bid protest should only be pursued when problems with the underlying process can be established through witnesses and documentary evidence.”

Read the full article…

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