White Paper

10 Pages
  • 10 Pages

Bid Protest Issues


Lowest responsible bidder wins or all bids are rejected.

California law regarding bid protests divides into two general categories. First are the procedural requirements for bringing protests – the time, manner, format, and other technical requirements a disappointed bidder must comply with to have the protest heard. These requirements, if stated, are agency and even project specific. Protest procedures may be in the bid documents or they may be set forth in a statute or ordinance. Many local agencies have no formal process, in which case the requirements of the bid documents govern. The second category is the legal standards for evaluating the merits of a bid protest. The law in this category is almost entirely developed from court decisions that have mapped out the contours of bidder responsiveness, responsibility, and what are material deviations. This white paper reviews these categories and discusses procedural requirements and a summary of public bidding rules.



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Douglas W. Kim, Esq.

McNair Law Firm, P.A.

Douglas W. Kim, Esq., is a shareholder of the McNair Law Firm, P.A., in the Greenville office. He concentrates on counseling companies concerning the protection and enforcement of intellectual property rights, as well as assisting in enhancing intellectual property portfolios to increase company worth. A computer programmer and design engineer prior to attending law school, Mr. Kim has experience with radio frequency networks, data mining from legacy systems, point of sale, inventory control, retail and manufacturing, accounting software systems and source code conversion from legacy to modem software systems. He received his B.S. degree in physics from Davidson College and his J.D. degree from Campbell University. Mr. Kim clerked with the U.S. Attorney’s Office in the Eastern District of North Carolina. He is a frequent lecturer and a published author. Mr. Kim frequently lectures on electronic discovery/document retention and destruction, including advising clients of creation, storage and destruction of documents in the information age.

Eric J. Firstman, Esq.

Eric J. Firstman, Esq.

Meyers Nave

  • Practice Group Leader of Meyers Nave’s Construction and Facilities Practice Group and Public Contracts Practice Group
  • Advises clients on all aspects of planning, procurement, design, construction, administration, contract compliance, completion, closeout, dispute resolution and complex litigation on projects varying from small, general projects to large, complicated projects such as airports, hospitals and seaports
  • Tried to final judgment complex construction cases in state and federal bench trials and jury trials, state bench trials, AAA Arbitrations, JAMS Arbitrations
  • Charter Fellow and member of the Advisory Board of the Construction Lawyers Society of America, a Fellow of the Litigation Counsel of America, Achieved the highest rating by Martindale Hubbell
  • Listed in Northern California Super Lawyers in Construction Litigation for 10 years
  • Can be contacted at [email protected] or 800-464-3559
Douglas M. McManamon, Esq.

Douglas M. McManamon, Esq.

Meyers Nave

  • Principal in Meyers Nave’s Construction and Facilities Practice Group
  • Degree in architecture and five years of experience practicing architecture for schools and large scale commercial projects
  • Complex trial experience includes hospital design error and omission
  • Advises on all aspects of project design, construction administration and claims
  • Selected as a Rising Star in Construction Litigation by Northern California Super Lawyers
  • Over twenty years of experience practicing construction law
  • Significant experience in complex construction litigation, including payment disputes, mechanics lien and stop notice actions, construction defect, delay and disruption claims, differing site conditions, and insurance recovery
  • Can be contacted at [email protected] or 800-464-3559

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