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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

Bid Protests: What Every Contractor Needs To Know When Bidding or Negotiating Public Contracts (CCL661P)

  • Product Format
    Pre Recorded Webinar
  • Presenter(s)
    Zach Jones
  • Conference Date
    Thu, June 14, 2018
  • Length
    60 minutes

Understand the Basic Rules Which Typically Allow Bidders to Challenge the Terms of a Procurement or Its Award by a Public Owner

Bidding on and negotiating with federal, state, or local governments can be daunting.  Part of the problem is that instructions to bidders or other documents often contain archaic and unnecessary language which confuses and misleads many bidders and potential bidders.  Moreover, many procurement professionals use “inside baseball” (e.g., terms of art which mean nothing to anyone not privy to the procurement professional’s world) like it’s going out of style—which it has.  Finally, requests for proposals and or invitations to bid often include or incorporate numerous general conditions.  These varying general conditions often conflict or present terms which, when applied, are incompatible with one another.  

In any other context, the industry participants, attorneys, and courts would be flabbergasted and undoubtedly throw the majority of these nonsensical, irrelevant, and confusing terms and provisions out the window.  Unfortunately, in the world of public contracting, this is what bidders must tackle to obtain contract awards.

This presentation by expert speaker Zach Jones is intended to give those who bid and negotiate for public contracts a brief primer (or refresher) on the basic rules which typically allow bidders to challenge the terms of a procurement or its award by a public owner. You will gain valuable understanding of basic procurement concepts and learn important dos and don’ts for pre-bid meetings and questions. The session will help you understand the import circumstances to watch out for before and during the procurement process which may give rise to a bid or status protest and also explain who, what, and where to protest.

Session Highlights:

  • Some basic procurement concepts:
  • Responsiveness;
  • Responsibility;
  • Prequalification/Status determinations;
  • Purpose and best use of pre-bid meetings and questions;
  • Bases for bid protests:
  • Responsiveness/Responsibility;
  • Failure to follow ITB/RFP process;
  • Vague or otherwise invalid specifications;
  • Overly or unduly restrictive of competition;
  • Who can protest (i.e., who has “standing”);
  • Where to protest (i.e., which forum has “subject matter jurisdiction”); and
  • Withdrawing a bid (e.g., bid mistakes / bid bond issues)

Who Should Attend

  • CEOs and business unit managers;
  • Estimators, project managers, and engineers;
  • Business Development Professionals;
  • CFOs and Controllers;
  • Consultants who work with contractors, suppliers, and vendors who bid or negotiate public contracts
  • Civil Contractors
  • Builders

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About the Presenter(s)


Zach Jones is a construction attorney in Louisville, Kentucky, with the firm of Stites & Harbison who represents contractors across the country and around the world.  Prior to becoming an attorney, Zach was a project eng...More Info

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