Fighting for Public Dollars: Procedures and Pitfalls of Protesting Government Bid Awards

Florida is in a recession and many businesses are struggling to find work. Some businesses are now looking for projects with the government. Since there’s a lot of competition for these projects, it’s important for businesses to follow the rules and deadlines. There will probably be more arguments over who gets the projects, and the process for deciding who gets them is really fast. This article will explain the rules and problems of arguing over government projects in Florida. Contracting for public projects is becoming more competitive, especially for small and mid-size contractors. Public contracts over a certain value need to be competitively procured. Projects can be solicited through different methods, like invitations for bid or requests for proposals. The criteria for evaluation can vary – sometimes it’s just about price, while other times other factors are taken into account. The lowest priced and most responsible bidder usually gets awarded the contract. State agencies and local governments have their own rules and procedures for procurement. It’s important for a lawyer to know these rules. The purpose of competitive bidding is to make sure public authorities can get goods and services at the best price. If a bidder thinks the bidding process was unfair, they can file a protest. However, not all bidders can protest, only those whose interests will be affected. The second-ranked bidder can protest, but those ranked third or lower may only be able to intervene or protest if the bidding process will affect them. If you want to protest a decision made by a government agency, you have to act quickly. You must submit a written notice of protest within 72 hours after the decision is posted. This notice has to be received by the agency, not just sent in the mail. The 72-hour period doesn’t include weekends or holidays. The notice should include the number and title of the decision you’re protesting. If you miss the deadline, your protest won’t be allowed. If you want to challenge a bid for a government contract, you have to act fast. You have 10 days to file a formal written protest after first filing a notice of protest. If you want to file the formal written protest within the first 72 hours, it will also count as the notice of protest. You can’t wait until after the contract is awarded to challenge the bid specifications. If you don’t follow the rules for filing a protest, it could get dismissed.

Sometimes you might need to post a protest bond, depending on the type of contract. If you don’t post the bond correctly, your protest could be dismissed. But you should get a chance to fix any mistakes with the bond before your protest is dismissed.

Some agencies also allow for mediation of bid disputes. If both parties agree, they can try to work out their differences with a mediator. If they reach a settlement, the agency will make it final. If not, the case will go through the usual legal process. If you have a problem with a government agency’s decision, you can file a formal written protest. In the protest, you need to explain why you disagree with the decision, how it affects you, and what relief you are seeking. The agency has to stop the process until they resolve your protest, and they may try to resolve it with you through a meeting. If they can’t resolve it, there may be a formal hearing. If a company is unhappy with a government contract decision, they can file a protest and have a hearing with a judge. Other companies can join in the protest if they want. Both sides can request information and make legal motions. They can also request documents from the government to help their case. The hearing is like a trial and the company protesting has to prove their case. The judge’s job is to review the government’s decision, not make their own decision. If you’re protesting a bid or proposal, you can argue your case and present evidence, but you have to do it before the bid or proposal is opened. The hearings follow rules of evidence, and hearsay evidence can be used but may not be enough on its own to support a decision. In a protest against an agency’s decision to reject bids, the judge will decide if the agency’s action goes against its own rules or laws. The judge will also determine if the decision is clearly wrong, against fair competition, or made without reason. The agency can reject all bids, but this decision can be challenged if it’s illegal, unfair, or dishonest. The agency has some freedom to make decisions, but it must follow its own rules and provide clear reasons for its choices. If the agency doesn’t follow its own rules, its decision can be considered arbitrary or irrational, like in a case where a city awarded a contract based on criteria that wasn’t in the bid documents. After a hearing, the judge has 30 days to make a recommendation to the agency. Then the agency has 30 days to make a final decision. If you disagree with the agency’s decision, you can appeal to a higher court within 30 days. If you have a problem with the bid rules, you need to challenge them before the bids are submitted, not after. Recently, there was a challenge to bid rules for a housing project funded by the government. If a contract is awarded, it may still be challenged if the terms are very different from what was originally asked for. Meetings to evaluate bids must be open to the public, and the minutes must be recorded. With more money being spent on public projects in Florida, competition for contracts will be fierce, and losing bidders have a process to challenge the result. It’s important for bidders and their lawyers to understand the process in order to have any chance of success in their protest. This is a summary of Florida laws regarding the bidding and procurement process for government contracts. It outlines the criteria for selecting bidders, the rules for submitting bids, and the process for challenging the government’s decisions. If a bidder disagrees with a decision, they can challenge it through a formal written protest and may have the opportunity to present evidence to support their case. There are specific rules and procedures that need to be followed, and the government must provide a written explanation if a challenge is overruled. This article is from the Administrative Law Section. It talks about different laws and statutes in Florida related to government bid protests and construction litigation. The authors are lawyers who specialize in these areas.

Source: https://www.floridabar.org/the-florida-bar-journal/fighting-for-public-dollars-procedures-and-pitfalls-of-protesting-government-bid-awards/