We previously published an update on the bid protest procedures in the state of Alabama, discussing the revised statutory and regulatory processes and procedures implemented effective October 1, 2022. Certain of these statutes have since been updated again, effective June 1, 2025. This article provides a brief update on those revised statutory processes and procedures that bidders should be aware of.
Link to Updates to Protest Timing and Procedure Updates to Protest Timing and Procedure
Under the revised statutes, the bid protest process now begins with the submittal of a notice of intent to protest. A bona fide prospective bidder or offeror may file a notice of intent to protest the solicitation or an amendment to the solicitation within five calendar days after the date of issuance of the solicitation or amendment being protested. Similarly, a bona fide actual bidder or offeror may file a notice of intent to protest an award or intended award within five calendar days after the date of award or notice of intent to award, whichever is earlier.
In each case, the notice of intent to protest “shall be in writing, filed with the Chief Procurement Officer, state the intent to protest, and state the grounds of the protest and the relief requested with enough particularity to give notice of the issues to be decided” (Ala. Code § 41-4-161(a)(3)). After filing a notice of intent to protest, the bona fide actual or prospective bidder or offeror has seven calendar days to submit a formal written protest.
The chief procurement officer may settle and resolve a protest filed by a bona fide actual or prospective bidder or offeror. If the protest is not resolved by mutual agreement within 10 days after filing, the chief procurement officer must begin an administrative review and issue a written decision within 14 days after the review.
Link to Conclusion Conclusion
Under Alabama’s revised bid protest procedures, actual or prospective bidders or offerors considering a protest must now act quickly to submit a notice of intent to protest and must still be prepared to file a formal written protest shortly thereafter. Knowing how to navigate this new process can make all the difference in pursuing and protecting valuable contracting opportunities.
If you have any questions about the foregoing — or about bid protests in Alabama generally — please do not hesitate to contact Aron Beezley or Gabby Sprio.