Amsterdam, NY asked in Government Contracts for New York

Q: I went through the bid process but it didn't seem fair to me - is there any way to file a complaint?

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
  • New York, NY
  • Licensed in New York

A: What was unfair exactly? You might be able to file a complaint. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Barry E. Janay
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Livingston, NJ
  • Licensed in New York

A: Yes, via a Vendor Protest application via a special proceeding called an Article 78 Proceeding (more on that below). This is a substantial undertaking (read: a lot of time and money to implement) which if you are successful can either get the successful bid thrown out and a new bid issued, you can become the winning bidder if you prove worthy, or you can potentially recover damages. It's a very powerful tool if successful.

An Article 78 proceeding can encompass one of three writs: mandamus, prohibition, and certiorari. A writ is a formal, legal written order or document issued by an administrative body or judicial jurisdiction. An Article 78 proceeding serves as a uniform device to challenge the activities of an administrative agency in court.

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