If you think you have a reason to protest a public bid in Kentucky, time is of the essence.
The KMPC and state contracts
Most all public contracts let by the Commonwealth of Kentucky are governed by the Kentucky Model Procurement Code or “KMPC.” Under the KMPC, there is a defined period of time when a protest must be filed, or it will be presumed to be untimely.
If a bidder disagrees with a particular specification or requirement in the solicitation itself, the clock to file a protest began running the moment the bid was posted to the state’s e-procurement website. A bidder has 14 days from the day of posting to raise a protest about a specification or it will be presumed to be untimely.
If a bidder disagrees with an award of the contract, the clock for filing a protest began running when the award was posted to the e-procurment website. Again, the bidder would have 14 days to file a protest, or it will be presumed to be untimely.
Protests with local public agencies
While most contracts let by the state government are governed by the KMPC, most public contracts are not. This is because most contracts let by public agencies are let by local or regional public entities, such as cities, counties, and sanitation districts.
For these local contracts, bidders need to look to the local procurement rules and the public contract itself to see what timelines are established for filing a protest. If there is a timeline, very often it is much shorter than the KMPC’s 14-days (I’ve seen it as short as three (3) days, but seven (7) is more typical). If there is not a timeline, then bidders should consider submitting a written question to the local agency buyer asking whether there is a protest procedure.
Time is of the essence
There are exceptions to almost every rule, and protests may be filed beyond these defined deadlines. But, they will start with an uphill battle of convincing the agency to even hear a protest filed beyond the time for protests.
If you are bidding on a public contract and believe you have a protest, do not wait because time is of the essence.
The Finance Cabinet’s Office of Legal Counsel has a helpful webpage for protest resources. It can be accessed at this link.
Image by Pong at FreeDigitalPhotos.net