BID PROTESTS

CHALLENGES OVER AWARD OF THE CONTRACT

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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 not ranked as the most advantageous offeror. It is time to consider your legal remedies.

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

As procurement law specialists, RWL protects your legal rights, in some cases, by filing bid protests. 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. In other cases by defending the state’s selection of you, as the successful bidder, and defending against protests brought by disappointed bidders.

 

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 conform in all material respects to the requirements contained in the invitation for bids? Where the low bidder failed, bidder’s failure to comply with the MBE schedule of participation, the MSBCA may decide the bid must be rejected.

Adequate Bidder Responsibility

We investigate whether the selected bidder has the capability to fully perform the contract requirements, and the integrity 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. If so, the procurement officer must reject the proposal.

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. Ensure you have an experienced bid protest attorney on your side.

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

 
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