August 14, 2012

There are good reasons why contractors that have not seriously thought about challenging state award decisions in the past should consider using the state protest process.  Historically, paying little attention to state protest processes may have been a reasonable decision.  The authors, Associates James C. Cox and Damien C. Specht, discuss why two recent developments, the increased competition for state contracts and increased public scrutiny of state contracting practices in the tighter state fiscal climate, have increased the incentive for consideration of state bid protests. In light of these incentives, it is critical for contractors to consider state bid protests – and to understand, and seek early advice about, the pitfalls in state bid protest processes.