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.

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