Losing a contract award can feel frustrating, especially when you believe your bid deserved consideration. Many contractors in New Jersey face this situation and wonder if filing a bid protest could change the outcome.
The process, however, involves strict procedural requirements that can make or break your case. This article highlights common pitfalls before you decide to file a challenge and what you can do about them.
Waiting too long to file your protest
Time is not on your side when it comes to bid protests, and the specific deadline depends on the type of public entity involved.
If you are bidding on a State contract, strict regulations impose a hard 10-day window to submit a formal protest after the agency issues a Notice of Intent to Award. Missing this deadline by even one day means you can no longer challenge the decision.
Local projects operate differently. Municipal or county contracts fall under the Local Public Contracts Law, but challenges are subject to court rules that generally give you a 45-day window to file in Superior Court. However, waiting too long can still hurt your case if the contract is executed in the meantime.
The consequence of missing these deadlines does not just affect your current challenge. You also forfeit the opportunity to correct procurement errors that might have given you the contract, and the awarded contractor proceeds while you have no recourse.
Failing to establish standing
Even a timely contest can fail if you lack standing. New Jersey law limits bid protests to ensure that only parties with a direct interest can challenge an award.
In most cases, you must have been an actual bidder on the project to have standing. You generally cannot protest a bid award simply because you disagree with the outcome. If you did not submit a bid, State regulations and local courts will likely conclude that you lack standing to proceed.
Neglecting to provide sufficient detail
Reviewing authorities can also dismiss a protest if it does not clearly explain the legal and factual basis for the challenge. General complaints or expressions of dissatisfaction are not enough.
For State contracts, regulations require you to identify the specific grounds for the contest and include all supporting arguments and documentation. Similarly, when challenging a local contract in court, you must plead concrete facts showing how the award violated the law. Challenges that lack this level of detail are often dismissed outright.
Seeking guidance early on
Before you consider filing your protest, legal counsel can assess whether you have viable grounds before you invest time and resources. Lawyers also review whether you have the correct forum, meet all documentation requirements and properly serve copies of your challenge to all required parties.
Perhaps most importantly, an attorney can help you understand the strategic implications of filing a protest. In some cases, agencies take corrective action in response to a well-crafted challenge. In others, pursuing litigation may not be worth the potential cost and delay.
