December 2002

Bid protests | Legal Corner

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Bid protests

by Stephen M. Phillips
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Editor's note: Following is part two of a two-part series addressing the competitive bidding process. Part one, "Responsibility and responsiveness," was published in the October issue, page 14.

When there is a slowdown in private work, more contractors submit bids for public construction projects in accordance with competitive bidding procedures. Public construction projects are awarded to the responsible bidder who submits the lowest responsive bid. Frequently, bid protests are filed by a contractor who believes a public agency erred in awarding a contract.

A sampling of several bid protest cases, including cases concerning discrepancies in bid bonds, illustrates the circumstances when bid protests are sustained or denied.

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