BID PROTESTS

CHALLENGES OVER AWARDEE SELECTION PROCESS

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You worked hard on your bid, but you were the second lowest bidder. Or, your proposal in response to a Request for Proposals was ranked as the second most advantageous offeror.

About half the time, the team at RWL represents protesters on the grounds that some procurement law was violated. In the other half, they represent the proposed awardees in cooperation with the agency that is defending the correctness of its selection.

 As procurement law specialists, RWL protects your legal rights by filing bid protests in a variety of contract award situations. In cases where the client is not selected and is considering a protest, they have represented parties in disputes related to the flaws as illustrated below.

 

As shown by the number of decisions published by Maryland State Board of Contract Appeals (MSBCA), Scott Livingston and Rifkin Weiner Livingston have handled more Maryland bid protest appeals at the MSBCA than any other law firm in Maryland history.

 
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Bid Protests related to Competitive Sealed Bidding Method of Source Selection

Bid Responsiveness

Does the winning bid respond and conform in all material respects to the requirements contained in the invitation for bids? In recent times, the MSBCA has sustained bid protests based on a bidder’s failure to strictly comply with the MBE schedule of participation.

Adequate Bidder Responsibility

We investigate whether the selected bidder actually has the capability to fully perform the contract requirements, as well as the integrity and reliability to ensure good faith performance. For example, if the winning bidder failed to disclose that it owed back taxes to the State, a procurement officer may determine that the bidder is not responsible and reject the bid.

Timeliness of the Bid

What happens if the bidder submits its bid after the deadline? If the tardiness is caused by the State agency, a late bid is ordinarily acceptable.

Bid Protests related to Competitive Sealed Proposal Method of Source Selection

Full Proposal Compliance

Did the apparent winner submit a proposal that fully complies with Maryland law? Recently, the MSBCA has sustained bid protests based on the bidder’s failure to strictly comply with the requirements for accurate completion of the MBE schedule of participation.

Offeror Integrity

Suppose the proposed awardee did not meet the minimum qualifications and this slipped by because the procurement officer failed to check the offerors’ references. If so, the procurement officer may determine the proposal must be rejected.

Agency Compliance to RFP

Did the agency comply with requirements set forth in the RFP for selecting the awardee based on specific grading or ranking? Suppose the RFP identified three factors for evaluation of the technical proposal for dental services and did not disclose that it would give a higher ranking to the vendor that promised to give big scholarships for dental school to qualified candidates.

It is improper to evaluate proposals based on non-disclosed factors.

 

Scott Livingston is dedicated to protecting the legal rights of bidders to compete on a level playing field in a manner that strengthens chances of success. Ensure you have an experienced bid protest attorney on your side.

Contact Scott Livingston today at (301) 951-0150.

 
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