Bid Protests

Gavett, Datt & Barish, P.C. has significant experience in the field of Bid Protests. This experience includes pursuing a protest when necessary and defending a protest filed against a subject project when the client has been awarded the contract.

In today's competitive construction environment, no company large or small, can afford to lose a contract for work. Our attorneys are familiar with the procurement, pre-bid, bid, and award process. We are comfortable communicating with and where necessary, challenging the decisions of a respective Contracting Officer or Agency representative.

In the past, the firm has been successful in challenging the award of a contract in connection with snow removal services in the District of Columbia, arguing that the client was entitled to greater points and preferences than had originally been granted by the contracting authority.

In addition, the firm has recently challenged the interpretation of a procurement regulation of a local utility, successfully convincing a Circuit Court Judge in Montgomery County, Maryland, that the claimed error of non-responsibility was minor and should not deny certification and ultimately the award of the contract to our client.

Other successful cases have included questioning the appropriate points and/or preferences due a subcontractor in connection with services provided at a local university and having a disqualification for insufficient financial status reversed to allow the subcontractor to be qualified to bid for the work.

The firm has also defeated challenges to awards made to clients based on allegations of bonding irregularities, affirmative action preferences, calculations surrounding the award itself, and non-competitive activities. We have also dealt with and are familiar with Termination for Convenience clauses and the calculation of applicable damages under such clauses.

Our long history of construction experience abundantly qualifies us to provide the necessary representation in all facets of a bid protest.