November 2010 - Central Florida Chapter Associated Builders and ...
November 2010 - Central Florida Chapter Associated Builders and ...
November 2010 - Central Florida Chapter Associated Builders and ...
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Setting the St<strong>and</strong>ard for Construction Excellence<br />
in <strong>Central</strong> <strong>Florida</strong> <strong>and</strong> Throughout the Southeast.<br />
Year after year, our award-winning projects demonstrate our focus on<br />
quality, safety, <strong>and</strong> sustainability. We know attention to detail <strong>and</strong><br />
meticulous planning spell success. That is why we are ranked among the<br />
top companies in the industry.<br />
As general contractor, construction manager, or design-builder,<br />
Hensel Phelps is your best choice for projects that st<strong>and</strong> out in the crowd.<br />
ing<br />
& Company, LLC<br />
Southeast District O�ce<br />
6557 Hazeltine National Drive, Suite One • Orl<strong>and</strong>o, FL 32822 • (407) 856-2400<br />
www.henselphelps.com<br />
“Customer service<br />
is our business”<br />
Think J King & Company for all your interior<br />
<strong>and</strong> exterior finishing needs<br />
407-891-2221 • fax 407-891-2224<br />
PERFORMANCE!<br />
WHAT YOUR<br />
LAWYER NEEDS<br />
FOR A BID<br />
PROTEST<br />
By John Horan of Foley & Lardner LLP<br />
Bid protests usually present acute situations<br />
with tight deadlines. Your lawyer must quickly<br />
analyze your legal position <strong>and</strong> prepare the<br />
appropriate documents that preserve your<br />
rights. Sometimes the bid protest must be<br />
filed within a few days, or within hours of the<br />
agency’s notice of the award. You can help<br />
your lawyer by quickly providing the documents<br />
that need to be reviewed in an organized<br />
fashion. The following is a list of what<br />
your attorney needs:<br />
• The solicitation documents issued by the<br />
agency, including all addenda <strong>and</strong> amendments<br />
issued during the solicitation process<br />
• Responses to the solicitation submitted by<br />
you <strong>and</strong> other bidders/proposers<br />
• The Bid Tabulation<br />
• Minutes or transcripts of any<br />
pre-bid meetings<br />
• Minutes or transcripts of any<br />
meetings of evaluators<br />
• Letters, emails, or other communications<br />
from or to the agency<br />
• Notes of conversations with<br />
agency personnel<br />
• An outline of your own analysis of<br />
why you want to file a protest<br />
• Applicable bid protest procedures<br />
<strong>and</strong> deadlines<br />
Most of these documents should be in your<br />
files; but what is not in your files can be obtained<br />
from the agency either consensually<br />
or by your attorney through applicable public<br />
records laws. One final point, bid protest<br />
procedures are not uniform. Make sure you<br />
underst<strong>and</strong> the bid protest procedures <strong>and</strong><br />
deadlines. If they are not included in the solicitation<br />
documents, you should get a copy<br />
<strong>and</strong> give it to your lawyer.<br />
John Horan is a partner at Foley & Lardner<br />
LLP in Orl<strong>and</strong>o, where he is founding<br />
chair of the firm’s Construction Practice.<br />
He focuses his practice on business <strong>and</strong><br />
administrative litigation <strong>and</strong> governmental<br />
relations. He also has extensive experience<br />
representing clients in the construction <strong>and</strong><br />
real estate development industries. He can<br />
be reached at jhoran@foley.com.<br />
NOVEMBER <strong>2010</strong> BUILDING CENTRAL FLORIDA 33
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