/>iFor government contractors doing business in Missouri, understanding the state’s bid protest process is essential. When a contractor believes that a contract award was improper or unfair, the state of Missouri allows for a formal protest — but only under strict rules and deadlines.
Below is a summary of Missouri’s bid protest process, including procedural requirements, deadlines, and potential remedies.
Timeliness Is Critical
Missouri requires that any protest of a contract award be submitted in writing and received by the Division of Purchasing within 10 state business days after the date the award is made. This is a hard deadline. If a protest is filed even one day late, the state generally will not consider it.
Required Information for a Valid Protest
To be considered, the written protest must include the following:
- Protester’s Contact Information – Full name, address, and phone number
- Signature – Signed by either the protester or their authorized representative
- Solicitation Number – A clear reference to the procurement being protested
- Detailed Statement of Grounds – A specific and well-articulated explanation of why the protester believes the award was improper
- Supporting Evidence – Exhibits or documents that support the claims being made
Failure to include any of the above may result in summary denial of the protest — even if the allegations might otherwise warrant investigation.
How Missouri Reviews Protests
Once a timely and complete protest is filed, the director of the Division of Purchasing (or their designee) will review only the issues raised in the protest. There is no automatic right to a hearing, and no new issues can be raised after the initial filing.
If the protest is untimely or the protester lacks legal standing, the protest will be summarily denied without further review. For all other protests, the state will issue a written determination that includes:
- Findings of fact,
- An analysis of the issues, and
- A conclusion as to whether the protest is sustained or denied.
Available Remedies
If the protest is sustained, the most common remedy is to cancel the award and potentially restart the procurement process. If the protest is denied, the division takes no further action, and the award stands as issued.
Bid Protest Appeals
While the relevant statues and regulations do not directly address appeals to the Missouri courts in the bid protest context, the United States Court of Appeals for the Eighth Circuit has held that an unsuccessful bidder has standing to challenge a contract award under Missouri law when “the bidding procedure did not permit all bidders to compete on equal terms” (Metro. Exp. Servs., Inc. v. City of Kansas City, 23 F.3d 1367 (8th Cir. 1994)).
Conclusion
Missouri’s bid protest rules leave no room for error. Government contractors considering a protest must act quickly, follow procedural requirements to the letter, and submit a well-supported claim. For businesses pursuing or losing out on state contracts, knowing how to navigate this process can make all the difference in protecting valuable business opportunities.
