In commercial real estate, bid protests can be a crucial aspect of the competitive landscape. Understanding your legal options ensures a fair playing field and protects your interests.
It is important to know the avenues available in Tennessee if you are considering filing a bid protest.
Initiating a protest
When dissatisfied with the outcome of a commercial real estate bidding process, your first step is to initiate a protest. Clearly articulate your concerns regarding the bid evaluation or selection process. Title 12 of the Tennessee Code empowers bidders to challenge unjust or biased decisions.
To strengthen your case, identify specific grounds for your protest. Common reasons include discrepancies in the bidding documents, unfair evaluation criteria or violations of the procurement rules. Communicate how these factors have impacted the fairness of the process.
Upon initiating a protest, the procurement officer responsible for the bid will review your concerns and respond within a designated period. You can escalate your protest to a higher authority if the matter remains unresolved.
Dispute resolution
Mediation or negotiation with the involved parties might offer a swifter resolution without resorting to a lengthy legal battle. Engaging in these alternatives can be a strategic move to protect your interests while maintaining a cooperative relationship with other stakeholders.
Court procedure
Tennessee law grants bidders the right to challenge procurement decisions in a court of law. Pursuing this legal recourse becomes viable if other options fail. Consider this choice a last resort due to the potential time and resource investments.
If you feel a contract award was improper, a bid protest is important to ensure procurement is fair and competitive. The Government Accountability Office report states that 57% of protests received relief in 2023. Understanding the bid protest landscape and your legal options is pivotal for securing a just resolution to your concerns.
