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Eric Crusius, partner at Holland & Knight, discusses the rationale behind bid protests and why “suing your customer” might be the right option.

With the end of the fiscal year approaching and contracts are awarded, more contractors are considering whether filing a bid protest makes sense. Eric Crusius, partner at Holland & Knight, says that because the process means “suing your customer,” companies should only protest for the right reasons.


“Companies spend a lot of money to bid on certain things. It is part of a strategic plan and sometimes they just want an answer. One thing to look at is how much information have you gotten as a contractor? Do you know exactly what happened? If you know what happened, are you just filing this protest because you are mad, or are you filing because there a strategic reason, or you haven’t gotten enough information, or the information you have gotten gives you pause about what happened?” Crusius said. “They have put thousands of dollars putting a proposal together, sometimes they want a little bit of clarity.”

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