Getting Started with Public Bidding
Do you provide goods or services that public agencies purchase? Do you want to pursue public contract awards? Do you know how to get started? These are questions that you may have asked yourself. If you are looking to bid on public contracts, then there are some steps that you can take to put a plan into action.
First, you should identify public agencies that need your goods and services. Some agencies may have purchasing cycles for particular goods and services and knowing when those opportunities will be advertised is critical. Most agencies maintain websites with links to their purchasing departments and/or purchasing procedures. They may also have representatives that can provide guidance on doing business with the agency and whether there are any registration or pre-qualifications requirements. The websites may also list the pending advertisements and bidding deadlines. Prior to contacting an agency, however, be mindful that there may be cones of silence or other restrictions on who you may speak with to get information about a particular contract. There are also private companies that compile bidding opportunities that you may be able to subscribe to.
Once you have identified a public agency that is in need of your goods or services, then make sure that you can meet the agency’s standard contractual terms and conditions. These would include the types of licensure, insurance, bonding, and payment terms, for example, that the agency may require for its contracts and purchase orders. After you know what agencies need your services, and that you are prepared to meet their standard terms and conditions, you have to be prepared to submit a responsive bid by whatever submittal deadline is established by the advertisement. A responsive bid is generally defined as one that conforms in all material respects to the requirements of the solicitation. For example, it is important to provide all of the required information, price terms and bid forms required by the agency. Dotting the i’s and crossing the t’s is critical when it comes to submitting a bid to a public agency.
Public procurement is a highly specialized area of the law and each contract advertisement and award must be reviewed on a case by case basis. To optimize your chances of success, it is important to carefully review each and every advertisement and to make sure that your bid conforms to the specific requirements. Clerical oversights may be the difference between landing a profitable contract and rejection. For specific questions and concerns with respect to bidding on a particular contract or award related challenges or “bid protests”, legal counsel should be consulted as early in the process as possible.