What remedies are available when a bid protest is sustained?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 16, 2021

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A sustained bid protest entitles the person who made the protest to certain remedies. These remedies, or available restitutions, will vary depending on the nature of the violation that led to the protest.

What is a bid protest?

A bid protest is a legal action that is designed for use in a situation where a party is dissatisfied with the way a government contract is awarded, handled, or otherwise organized. Usually a bid protest occurs when a government contract is awarded to a business or provider and someone else– either a government official or another provider– protests the way the decision was made. The bid process for government projects must comply with certain requirements, including transparency and objectivity, in order to ensure that public funds are spent wisely. When the government chooses a company or entity to do a job or manage a project, various requirements must be met. If those requirements aren’t met, a bid protest can arise.

How can a bid protest be remedied?

Should the case move forward and the protestor prevail in a court of law, he or she may be entitled to remedies. In most situations, the remedy takes the form of a correction to the contract or its procedure. Should the court agree that the contract did not go forward as it should have, they will likely order the existing contract thrown out and the process repeated according to procedure. In some cases, if the issue caused major inconvenience or loss for the protestor, the court will also award monetary damages in an amount determined to equal the losses caused by the issue.

If you believe there were procedural irregularities in a government bid in which you were involved, you should consult with an experienced lawyer as soon as possible to find out what your options are and what your potential remedies may be.

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