A solicitation for bids on a public construction contract is expected to inform bidders of the requirements for a complete, responsive bid. It is the bidder’s obligation to comply or risk rejection of its bid. But does the project owner have a duty to administer the bidding process in a manner that keeps a bidder apprised of the status of its bid?
A low bidder on a state contract complained that the project owner failed to promptly notify it of an omitted document that arguably rendered the bid nonresponsive. The owner had remained silent until expiration of the bid protest period, and the bidder contended this had been a violation of procedural due process. Did the public project owner owe the bidder such a duty?
The second case in this issue involved a federal agency’s attempt to divide a contractor’s delay claim into seven pieces. The agency argued that each of its directives, requests or responses had been a distinct delay event that had to be separately priced and certified.