Avoiding Bid Protests

As a municipality of wastewater treatment district struggles to meet deadlines for completing construction of new facilities, a bid protest can be as damaging as a saboteur's dynamite--especially on a grant project financially assisted by EPA. EPA regulations require that their grantees review and decide bid protests challenging the grantee's procurement actions. Then, if the protester is not satisfied with the grantee's decision, an appeal can be submitted to EPA. While EPA considers the argument of the protester and grantee, months may pass and a construction season may be lost. Protests may be filed before bid opening, when a potential bidder believes deficiencies in bid documents, particularly the specifications, eliminate them or give their competitors an unfair advantage.