Bidding on public works of improvement has always been fraught with disputes regarding the accuracy and sufficiency of information provided to bidders, the qualifications of individual bidders, and challenges by unsuccessful bidders. This has not deterred contractors from “throwing their hat in the ring.” Instead, contractors are bidding on greater numbers of projects and on a broader range of projects than ever before, sometimes bidding on projects for which they lack sufficient experience and resources. This new hyper-competitive bidding environment has led to an increase in bid mistakes and bid protests where companies aggressively pursue projects in an effort to keep their employees working.
Bid protests tend to focus on the two Rs: Responsiveness and Responsibility. Responsiveness focuses on whether the bid meets all the material requirements of the bid invitation. Responsibility, on the other hand, focuses on the bidder and whether it demonstrates quality, fitness, capacity, and experience to perform the work. This determination is a substantive evaluation of the bidder and can have a significant impact on a contractor’s business reputation and ability to qualify for projects into the future.Hunt Ortmann has extensive experience guiding both agencies and contractors through responsibility hearings and bid protests that involve a variety of issues, including, specific project qualifications, financial responsibility and bonding, and past performance. The attorneys of Hunt Ortmann understand the importance of the bidding process, and how to best protect the parties contracting for public works projects.
If you need help navigating through the many legal issues that come along with bid protests and bid mistakes, contact the skilled and experienced construction attorneys of Hunt Ortmann.