Becker & Poliakoff

Bid Protest

Becker represents contractors of all sizes at the Federal, state and local level in protest litigation challenging or defending contract award decisions. We also represent clients in pre-award protest litigation concerning the terms of solicitations. In addition, we provide advice to local government clients about conducting procurements and minimizing the risk of future protest litigation. Our experienced team of government contracts lawyers have handled bid protests for clients in practically every industry.

The rules for bid protests vary greatly depending on the jurisdiction. Whether an award to your company is the subject of a bid protest or you believe you have grounds to initiate a bid protest, it is important that you contact someone who understands the process. Becker’s attorneys, with their vast experience with the entire public procurement process, can help you defend a bid protest and keep a contract you’ve won or initiate a bid protest to win a contract you thought you lost.

Services Provided

  • Assist prospective bidders with interpretation and analysis of bid documents
  • Representation at pre-bid meetings, selection and negotiation committee meetings
  • Representation at board and commission meetings
  • Handle bid protests and litigation
  • Intervention in bid protest proceedings
  • Advise on public records and sunshine law matters
  • Draft and revisions to purchasing codes and policies
  • Drafting of bid documents
  • Representation of public agencies

Notable Client Representations:

  • Successfully defended a bid protest and assisted with the award of a $38,832,000 contract to Audio Fidelity Communications Corporation (d/b/a Whitlock) for Instructional Interactive Flat Panels Hardware/Software from the Palm Beach County School Board.
  • Successfully protested multi-million dollar contract awards by the United States Air Force through the GAO, resulting in corrective actions taken by the Air Force.
  • Procured a Final Summary Judgment on behalf of Premier Parks, LLC in U.S. Southern District Court of Florida, Case No. 15-62218, permanently enjoining the City of Ft. Lauderdale’s performance of a long-term lease to a private developer entered into without competitive bidding.
  • Defeated a bid protest and appeal to preserve a multi-million-dollar contract award to a leading national audit and tax firm to provide government auditing services for Broward County. (If you need the client, its RSM US, LLP).
  • Successfully defended a bid protest and defeated a subsequent emergency injunction action in the circuit court in Broward County to preserve a multi-million dollar contract award to a janitorial services client for various County locations.
  • Defeated a challenge to the award of a multi-million-dollar contract to a public transportation client by the South Florida Regional Transit Authority for operating services for the commuter bus system.
  • Successfully protested the award of a multi-million dollar, multi-year janitorial services contract for the Palm Beach County Airport.
  • Served as lead counsel on behalf of James A. Cummings, Inc., and successfully defended a challenge to Broward County’s award of a contract for the construction of the new Broward County Courthouse.
  • Served as lead counsel on behalf of Limousines of South Florida, Inc. and successfully defended Collier County’s award of its Management Services Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program (“RFP”).
  • Served as lead counsel on behalf of Limousines of South Florida, Inc. and successfully defended Broward County’s award of its contract for Shuttle Bus Service at Fort Lauderdale/Hollywood International Airport. (Academy Express, LLC v. Broward County, and Limousines of South Florida, Inc., 53 So.3d 1188 (Fla. 4th DCA 2011).
  • Served as lead counsel on behalf of Dallas 1 Construction & Development, Inc. and successfully protested and assisted with the award of the City of Tampa’s utility maintenance contract.
  • Served as lead counsel on behalf of Severe Incident Recovery Team, LLC and successfully defended the Florida Department of Transportation’s award of its towing and roadside repair contract for a portion of the FloridaTurnpike (DOT RFP NO-08/09-8005-EH).
  • Served as lead counsel on behalf of Vision Marketplace, Inc. and successfully defended the Department of Veteran Affairs’ contract award for the provision of eye glass services to veterans in Broward County, Florida. (GAO File No. B-296231.2; B-296231.3)
  • Served as lead counsel on behalf of Ikon Office Solutions, Inc. and successfully challenged the School Board of Orange County’s proposed contract for networked digital multi-functional devices, which preserved Ikon’s status as the incumbent services provider.