Copyright © September 2008, 2010

Unlike rules governing private sector projects, construction projects issued by federal agencies are subject to an extensive list of extra requirements under the Federal Acquisition Regulation (FAR).  From small business classifications to surety bond issues, bid responsiveness to bidder responsibility, low bids to best value determinations, and the likelihood of disagreeing on some aspect of a procurement or contract award is high. This special report offers bid protest guidance and a succinct overview of recent federal bid protest decisions.

The contract procurement system utilized by federal agencies is far more complex than anything used in state and local contracting or the private sector. Governed by the voluminous Federal Acquisition Regulation, the federal system contemplates a wide variety of contracting methods for obtaining construction services, as well as different ways of soliciting and evaluating bids or proposals for those contracts. These factors, combined with the huge amount of money at stake, give rise to a great deal of federal bid protest litigation.  The issues range from eligibility for set-asides to sufficiency of bid bonds, from bid responsiveness to best value determinations, and from technical capability to financial responsibility. This special report provides an overview of recent federal bid protest decisions. The report also offers some practical advice to parties contemplating a bid protest or intervening to fend off a protest from a competing bidder.