You need to act quickly if you are considering moving forward with a bid protest. There are very specific time periods that need to be complied with to notify the governmental agency of your intent to protest, to file a formal petition to protest, and, if applicable, to file a bid protest bond. These time periods cannot be missed. The key is to know what your bid protest rights are on the front end so that you can move forward to preserve your protest rights and timely form your protest basis. The solicitation typically will refer to the statue or code applicable to your protest rights. Also, the public notice of intent to award the contract–the notice of the agency’s intended decision regarding the solicitation–will also advise of the statute or code applicable to protest rights.
Many solicitations will require a protestor to file a bid protest bond. If your protest requires you to post a bid protest bond, please ensure that the bid protest bond is timely filed. Not timely filing the bond could negate your protest rights. See, e.g., Partnership For Community Health, Inc. v. Department of Children and Families, 93 So.3d 1191 (Fla. 1st DCA 2012) (governmental agency could dismiss protest due to protestor’s failure to post a bid protest bond).
Please contact David Adelstein at [email protected] or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.