Flores Ryan, LLP

Menu

Bid Protest Attorneys

Overview

Bid protests provide an opportunity for bidders to legally object to a public owner’s contract award. The basis for such objections can be nuanced and complex depending on the specific project requirements. Generally, an unsuccessful bidder for the project in question is eligible to challenge the proposed award of the contract to another party via a bid protest.

The bid protest attorneys at Flores Ryan, LLP have expertise in every aspect of bid protest procedures and deadlines to expedite the bid protest process. We provide the legal expertise to ensure that bid protests are properly prepared and filed. Our extensive experience and knowledge on bid protests allows us to maximize the likelihood of a rapid and substantial bid protest recovery. 

Get Help

ARTICLES

Responsibility hearing law
What Is Bidder Responsibility?

This article will generally cover bidder responsibility and the other various aspects of bidding such as prequalification and responsibility hearings.

Bid Protest glass ceiling
Bid Protest On California Public Works

This article generally covers the basic parameters for bid protests on California public works projects.

CSLB Complaint Red Drawer
What you need to know about CSLB complaints

This article covers the process of complaints and citations issued from the CSLB

CSLB Citations

Getting back to the basics of how a CSLB Citation works, this article will provide an overview of what every contractor should know.

KEY POINTS

  • A bid protest is a procedure that an unsuccessful bidder may employ to challenge a bid award. An unsuccessful bidder may do so when it believes that it is a responsible bidder and produced the lowest responsive bid, but has not been awarded the job.
  • Having the lowest bid doesn't guarantee the job. Public entities have discretion to either accept the lowest responsive bid from a responsible bidder based on the issues resolved by the bid protest, or to simply reject all bids and rebid the job.
  • A bid is considered responsive when it is in strict compliance with all requirements of the bid package.
  • A responsible bidder is “a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.”
  • Generally, an unsuccessful bidder on the project in question is eligible to challenge a proposed award of the contract to another party via a bid protest. However, the challenging bidder must be able to demonstrate a beneficial interest in the outcome of the bid protest.
  • If a bid protest is rejected by the public entity in question the decision can be appealed in state court by bringing a mandamus action. (Civ. Proc. Code, § 1085.) The state court reviews the public entity’s decision solely for an abuse of discretion.

FORMS

Below you can generate the following forms that are applicable to citations: