Practice Areas

Bid Protests & Mistakes

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The DSV Construction Practice Group regularly represents a wide range of clients involved in the public procurement process, including owners, prime contractors, architects, engineers, and sureties.

The DSV attorneys believe that the representation of such diverse parties lends a unique perspective that allows the comprehension of diverse positions and adds significant value to representation.

The numerous statutes and regulations governing public procurement serve to complicate the bidding process. One challenge that arises in public procurement is the “bid protest,” a procedure under which an unsuccessful bidder challenges the award before an administrative agency or court. Specific rules vary between federal, state and local governments, but public procurement generally includes some form of administrative or judicial protest or remedy.

Bid protests generally fall into two categories, including: (1) pre-award challenges to the terms of the procurement process, and (2) post-award challenges to the agency’s evaluation of bids and the implementation of the solicitation award criteria.

The DSV construction lawyers routinely address a myriad of issues presented by public procurement and bid protests, including bidder responsibility, bid responsiveness and bid errors. DSV believes that the manner in which procurement laws regulations are applied is central to maintaining a level playing field of full and open competition that is essential to the bidding process in public procurements. They are likewise committed to the aggressive representation of clients within the framework of the procurement process.

Sean T. Devenney
Partner
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Christopher S. Drewry
Partner
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Daniel M. Drewry
Partner
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Michael F. Drewry
Partner
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Patrick A. Drewry
Partner
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Tyler L. Jones
Senior Associate
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William E. Kelley Jr
Partner
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Jeffrey M. Kraft
Senior Associate
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Joseph M. Leone
Partner
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Evan M. Norris
Senior Associate
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Elizabeth S. White
Associate
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