chapter  Chapter 5
28 Pages

The Legal Context for Formal Solicitations

WithMichael Flynn, Kirk W. Buffington, Richard Pennington

One unique aspect of public procurement is the requirement that requirements be competed and contractors be responsible. Preserving the integrity of the bidding process also involves providing remedies for resolving allegations of bidding irregularities and contract disputes. The formal solicitation process satisfies legal requirements not present in commercial contracting. Most jurisdictions have processes for dealing with bid protests, as well as suspension and debarment of contractors seriously deficient in meeting standards of integrity and successful performance. These legal processes are relevant to invitations for bids (IFBs) as well as other competitive solicitations like requests for proposals (RFPs). Matters of bid timeliness and responsiveness, and rule-based approaches to mistakes in bids, all involve legal considerations.