AG issues new bid protest guidelines

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In an effort to address the growing number of protests related to the public bidding process, the attorney general’s office has issued new guidelines.

The five-page “General Guidelines Regarding Attorney General Bid Protest Cases” was crafted in consultation with the MMA and the City Solicitors and Town Counsel Association.

The attorney general’s office is responsible for ensuring that public works and building construction projects are bid according to state law (Ch. 7, Sect. 38 A1/2-O [designer selection]; Ch. 30, Sect. 39M [public works construction]; Ch. 149, Sects. 44A-44J [building construction]; and Ch. 149A [public construction alternative delivery methods]). Municipal awarding authorities are subject to these procedures.

The attorney general’s primary mechanism for enforcing the bid laws is the bid protest process, which generally involves a hearing, after which a decision is rendered by the Bid Protest Unit.

According to the attorney general’s office, the recession has led to an increase in competition among contractors for fewer public construction contracts. By extension, the Bid Unit has seen a near doubling of protests over the past year. From Oct. 1, 2008, to Sept. 30, 2009, the Bid Protest Unit hotline received 3,170 inquiries and the unit received 218 formal protests.

For more information, contact the Bid Protest Unit at (617) 963-2330 or This email address is being protected from spambots. You need JavaScript enabled to view it. .

Download “General Guidelines Regarding Attorney General Bid Protest Cases” (48K PDF)
Written by Administrator