Small Firm, Big Results

When concern emerges re construction bid disqualifications

On Behalf of | Jul 23, 2020 | Construction Disputes |

The construction industry in New York and nationally is an always vibrant and muscular realm. Companies that prosper in the singular work sphere do so because they smartly recognize opportunities and pursue them with passion and commitment.

Spotlighting the government construction bid process  

One area that commands special attention for the clear emphasis it places on commercial competition is the public works bidding process. Contracts for most government building projects – at the federal, state and municipal level – involve a rigorous competition among would-be construction company participants. The bidding process proceeds from a rationale that it is the optimal method for awarding contracts, for these two key reasons:

  • Taxpayers are best benefited by competition that ultimately secures the lowest cost outlay to the public; and
  • Open bidding ensures fundamental fairness and prevents an anticompetitive outcome based on collusion or other fraud

Company principals with experience in construction bidding necessarily cultivate a realistic attitude toward the process. They prudently conduct due diligence, make careful cost and resource-linked calculations and render good-faith bids they hope will be accepted. They know that they are sometimes awarded and that their rivals will sometimes prevail.

Candidly, few business owners spend much time grousing in the wake of a defeat they know they suffered pursuant to an equitable process.

When concerns arise surrounding a bid disqualification

What if there are reasonable indications that a bidding process was not fair, though? A number of factors might singly or in concert point to that conclusion.

A deciding party might have a conflict of interest underscored by close association with a competitor, for example. It might be the case that relevant rules and timelines were not routinely followed. Bribery might be indicated. Fundamental fairness might be seemingly marred by evidence that prejudice or favoritism played into the process.

In such an instance, should a disqualified construction participant formally protest a bid? Are there potentially both pros and cons related to that decision?

A proven and aggressive legal team comprising experienced construction law attorneys can help make that determination. As one in-depth online overview of bid protests notes, legal counsel will closely advise a client on questions such as the following:

  • How much time and resources will be expended in a formal protest?
  • Will any government fees be imposed in the event a protest fails?
  • Will an awarded project continue as originally planned or be delayed while a protest is ongoing?
  • Importantly, what do the facts reasonably indicate concerning a protest? Does a potential protest have merit and, if so, what might be gained?

Construction bidding is something that is frequently engaged in and deeply important to many businesses. Questions or concerns regarding the integrity of the process or a disqualified bid can be directed to a seasoned and results-oriented construction law firm.