Bid Protests in Missouri Construction
The Law Offices of Kevin J. Dolley represents clients in matters involving protests related to government contract bids. Government contract bidding is governed by a network of Missouri statutes, regulations, and local ordinances. The attorneys with our Firm have the knowledge and experience to evaluate the legal issues that may arise with respect to bid solicitation, bid criteria and bidding process disputes.
In general, Missouri government purchases or contracts that exceed certain monetary amounts in terms of their value must be based on a competitive bidding process consistent with Missouri statute. See, e.g., § 34.040 RSMo. Submitting a bid for a government purchase or contract can be very complicated given the variety of different laws, regulations, and ordinances that are potentially applicable to the bid in question. See, e.g., 1 C.S.R. 40-1.050. Understanding the laws, regulations, and ordinances that might apply to the bid or bidding process often requires detailed review of the bid in question with the assistance of legal counsel.
Protesting Government Bids
Missouri does not have specific statutory procedures for protesting government bids. However, several avenues under Missouri law exist for such bid protests to be brought, including bringing a declaratory judgment action or writ of mandamus before a Missouri court or filing a protest or appeal with the Director of the Division of Purchasing and Materials Management (“DPMM”). See, e.g., § 536.150; 1 C.S.R. 40-1.050(12). The details of how to bring such a protest, such as time limits to submit a protest and the substance of the protest, will vary depending on the avenue chosen. Like any other legal appeal, time is of the essence in submitting bid protests. Failing to strictly comply with these detailed time and substance requirements can be fatal to a bid protest. Retaining experienced and knowledgeable legal counsel to review and discuss your various options, as well as your likelihood of success, is critical.
Please do not hesitate to contact us to discuss a potential bid protest claim at (314) 645-4100 or by email at Kevin@dolleylaw.com.