BID PROTESTS

Massachusetts Construction Lawyers

Massachusetts public owners such as the Commonwealth of Massachusetts (and its constituent agencies), as well as municipal corporations (towns and cities), request subcontractors and general contractors to submit bids responsive to public advertisements for improvements to public works (bid under Chapter 30, § 39M of the General Laws) and improvements to public buildings (bid under Chapter 149, § 44A-H of the General Laws).

Massachusetts offers two vehicles to protest these irregularities: court challenges and administrative protests before the Attorney General's Office. For many protests (and protesters) administrative protests before the Attorney General's Office offer a relatively quick and inexpensive way to challenge irregularities in bid procedures and with regard to the sufficiency of certain bids/bidders.

Sauer & Sauer has substantial experience in participating in bid protests - both as representing protesters and in opposing bid protests - in court and before the Attorney General's Office. We maintain files with several years of the administrative bid decisions, both from the Attorney General's Office and from its predecessor in hearing bid protests, the Department of Labor and Industries. We participate in several bid protests a year - both bringing protests and defending against others' protests - and are very familiar with bid protest mechanisms and procedures, having participated in more than one hundred bid protests in the last twenty-eight years.