Public Procurement and Bid Protests
Our firm has extensive experience representing contractors involved in the competitive bidding process for state and local government contracts. This representation takes place in two primary stages of the bidding process. First, we assist contractors in reviewing bid specifications to determine whether a challenge should be filed contesting the fairness of the competitive process and criteria established by an agency. Second, once a contract award is announced, we represent contractors in challenging or defending the agency's decision.
Working with an experienced lawyer in bid protests is important. The Florida Legislature has established an expedited process which must be followed precisely in state agency bid protests. If a contractor wishes to question the appropriateness of specifications in an agency's competitive solicitation (e.g. invitation to bid, request for proposals, or invitation to negotiate) or the validity of a contract award, quick action must be taken to preserve the right to challenge the agency's decision. At least one deadline is measured in hours, and failure to meet any deadline in the process may result in the contractor losing all rights.
Our firm has handled bid protests in the fields of road, bridge and building construction, telecommunications, computer system purchases, legal services and agency leasing. This experience, and the depth of our team of attorneys familiar with the competitive bidding and dispute processes, allows us to quickly assess a contractor's situation and provide advice on the appropriate course of action. Sometimes the best course is for the contractor to accept the agency's decision and learn from the mistakes made in the current bidding process so that the contractor's position will be stronger when future contracting opportunities arise. Often, however, the best course is to challenge an agency's decision and establish, through either informal negotiation or formal administrative hearing, that the contract award should be modified. On occasion, the best course is to convince the agency that all bids should be thrown out and a new solicitation for bids or proposals issued. The best approach for the client depends on the specific facts presented in each case - and we have successfully guided contractors through each of these options.
Practicing Attorneys : Brian A. Crumbaker, Virginia C. Dailey, Jere L. Earlywine, Gary V. Perko, Carolyn S. Raepple, Cheryl G. Stuart, and Victoria L. Weber.