SUCCESSFUL BID PROTEST BASED ON UNWAIVABLE FAILURE TO ACKNOWLEDGE ADDENDA BY APPARENT LOW BIDDER

The firm’s client was the second low bidder on a roughly $760,000.00 public works project. The firm filed a bid protest on behalf of the client, contending the apparent low bidder must be disqualified as non-responsive on the grounds it failed to acknowledge the four pre-bid addenda published by the public entity on its bid form and as required by the bid documents. The public entity granted the protest, disqualified the low apparent bidder, and awarded the project to the firm’s client.

Counsel: Daniel P. Scholz, Esq. and Matthew D. Seeley, Esq.