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DEFENSE OF BID PROTEST

The firm successfully represented a client which was the lowest responsive bidder on a $2 million dollar public works project. The second low bidder filed a bid protest arguing the client had failed to properly complete the bid’s subcontractor designation form. The firm defended the client in written submissions to the public entity, establishing the alleged deviation was caused by an ambiguity in the public entity’s bid documents and was an immaterial, waivable defect. Based on the firm’s written submission, the public entity denied the protest and awarded a contract for the project to the firm’s client.

Counsel: Daniel P. Scholz and Matt D. Seeley

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