Background - Practices (Details)

State & Local Practice

CONTACTS +

Contractors are increasingly looking to state and local opportunities as a means of increasing revenue and better leveraging solution and service offerings. Government contractors often are aware of the litany of federal laws and regulations that govern federal procurement but when evaluating a state or local opportunity, contractors may lack familiarity with cumbersome state regulations and the tendencies of the procuring agencies. Crowell has addressed this knowledge gap head on. Our state and local professionals have deep experience in nearly all states across the country. This centralized experience allows us to provide the contracting community with efficient counseling during all phases of a state and local procurement, as well as throughout contract performance.

Scroll over and click on a state to view our work in a particular state, or download a full list of all representative engagements.

RFP and Proposal

State and local Requests for Proposals (RFP), Requests for Information (RFI) and Invitations for Bid (IFB) often span thousands of pages and include lengthy exhibits and attachments that typically incorporate many state laws and regulations by reference. These RFPs, RFIs and IFBs usually also require that a bidder certify compliance with these regulations as the time of proposal submission. It is imperative that contractors understand these regulations and the consequences that could arise from a failure to comply. Our professionals are well suited to assist in the review of these procurement documents and to advise accordingly. This streamlined advice assists the business capture team and law department in weighing the risks and opportunities of particular state and local procurements.

Bid Protest

Competition for state and local procurement dollars is fierce so it is important to act swiftly in response to a state agency's notice of intent to award a contract. Knowledge of a state's bid protest and freedom of information act/open records act policies and procedures is critical. Our practitioners maintain a library of these statutes and regulations and we have initiated, and defended, bid protests in nearly every jurisdiction across the country. These regulations vary widely between states but our ability to counsel on the application of each state's regulations helps to ease the uncertainty with bid protest practice, and the cumbersome deadlines associated with this dynamic field. Unlike federal procurements procedures, state freedom of information acts/open records statutes often shield such documents from disclosure prior to contract execution, which makes familiarity with each state's procurement regulations even more critical.

Contract Negotiation and Administration

Once all bid protests have been resolved, the successful contractor must still negotiate the terms of the contract with the state agency. Our state and local professionals have often assisted with these negotiations, which can be drawn out and extremely detailed. We also have non-attorney contract management professionals that can handle all aspects of contract administration. Learn more about our Government Contracts Management practice

Contract Performance and Disputes

One might think that contract execution amounts to "Mission Accomplished" for the awardee. Instead, it is just the beginning. The contract must still deliver its service or solution on time and at the agreed upon cost/price. Not surprisingly, state agencies and the contractor often disagree as to the cause of a performance delay. We can assist with diffusing this situation before the contract is terminated for default or cause. Should contract termination happen, we are well positioned to provide counseling on the effects of such a termination. Finally, in the unwelcome event that litigation ensues during or following contract performance, our team is ready to assist. We are proud of our vast network of highly regarded local counsel and can call upon them to assist to ensure a streamlined and effective litigation team that fits the circumstances of each dispute.

  • Alabama

    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
    • Represent client in connection with state-level bid protest.
  • Alaska

    • Involved in litigation relating to the modernization of the Anchorage, Alaska port.
    • Assisted client with negotiation of contract terms and conditions with state agencies relating to performance requirements and statements of work.
  • Arizona

    • Represented multiple vendors in connection with agency-level "reverse FOIA" pursuant to the Arizona Public Records Law.
    • Represented environmental company in connection with bid protest challenging decision of Tucson Unified School District.
  • Arkansas

    We continue to update our representative matters.

  • California

    • Represented contractor against L.A. County, including providing testimony before L.A. County Board of Supervisors.
    • Represent entities in bid protests before administrative and agency tribunals.
    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
    • Represented clients in connection with procurements pursuant to California Public Contract Code Section 6611 (negotiations in connection with information technology).
    • Represented technology company in litigation involving securing writ of traditional mandate to overturn agency's contract award.
    • Represented multiple vendors in connection with agency-level "reverse FOIA" pursuant to the California Public Records Act.
    • Assisted contractor with lease/rental agreements with convention centers.
    • Represented a consortium of state and local California agencies building a new transportation hub in San Francisco, including drafting bid protest decisions on behalf of the agency.
    • Represented contractor in bid protest against Sonoma-Marin Area Rail Transit (SMART).
  • Colorado

    • Prepared analysis of Colorado Governor's Office of Information Technology solicitation, cybersecurity policies, and model contract terms and conditions for legal and business risks.
    • Represent client in bid protest challenging Colorado Department of Health Care Policy & Financing award.
  • Connecticut

    • Assisted client with negotiation of contract terms and conditions with state agencies relating to performance requirements and statements of work.
  • Delaware

    We continue to update our representative matters.
  • District of Columbia

    • Counsel client in connection with D.C. Department of Transportation contract terms and conditions.
    • Represented health care provider in dispute before the D.C. CAB. 
    • Assist client in obtaining equitable adjustments of contracts.
  • Florida

    • Represent corporations in connection with "reverse FOIA" actions pursuant to the Florida Public Records Act.
    • Assisted contractor with lease/rental agreements with convention centers.
    • Assisted client with negotiation of contract terms and conditions with state agencies relating to performance requirements and statements of work. 
    • Represented telecommunications company in a Florida state IT protest.
  • Georgia

    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
  • Hawaii

    • On behalf of a major professional services organization we were successful in a bid protest of a Hawaii state level procurement.
  • Idaho

    We continue to update our representative matters.
  • Illinois

    • Assisted cloud service provider in responding to Request for Proposal.
    • Analyzed applicability of Illinois statutory and regulatory requirements in connection with information technology service contract.
  • Indiana

    • Represent client in connection with terms and conditions negotiations and exception identification with Indiana Department of Administration.
  • Iowa

    • Represent client in connection with terms and conditions negotiations and exception identification with Iowa Department of Public Health.
  • Kansas

    • Represent construction company in connection with Kansas City International Airport terminal project.
    • Analyze applicable bid protest regulations and related administrative law statutory guidance in connection with state court action against municipal agency.
  • Kentucky

    • Represented technology company in connection with applicability of statutory and regulatory requirements applicable to information technology contract.
    • Assisted contractor with lease/rental agreements with convention centers.
  • Louisiana

    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
    • Represent client in connection with terms and conditions negotiations and exception identification with Louisiana Department of Health and Hospitals.
  • Maine

    • Assisted contractor with Freedom of Access opposition.
    • Successful litigation of FOIA matter.
  • Maryland

    • Represent client in bid protest of Maryland Department of Public Safety procurement.
    • Advised and counseled state vendors regarding compliance with various Maryland laws and regulations.
    • Advised and counseled multiple vendors through the Maryland protest process.
    • Supported responses to requests for information and analyzed applicability of Maryland statutes and regulations incorporated into such requests.
    • Negotiated resolutions to multiple state and municipal contract performance disputes.
    • Assisted client with negotiations of contract terms and conditions with state agencies relating to performance requirements and statements of work.
  • Massachusetts

    • Represent client in connection with agency-level bid protest.
    • Analyze applicable statutes and regulations relating to information technology services contracts.
  • Michigan

    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
    • Represent technology company in litigation against the Department of Technology, Management and Budget and Department of State arising out of contractual performance dispute.
  • Minnesota

    • Advice and counseling on compliance with state affirmative action obligations, affirmative action plans, workforce certificate application and renewal, and audits by the Minnesota Department of Human Rights.
    • Assisted client with negotiations of contract terms and conditions with state agencies relating to performance requirements and statements of work.
    • Represented large technology contractor in connection with a state termination for cause matter.
  • Mississippi

    • Represent client in connection with a state-level bid protest.
  • Missouri

    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
    • Analysis and review of Missouri bid protest regulations.
  • Montana

    • Represent client in connection with terms and conditions negotiations and exception identification with Montana Office of Public Instruction.
  • Nebraska

    We continue to update our representative matters.
  • Nevada

    • Assist client with applicability of state environmental, food and beverage, and tax regulations.
  • New Hampshire

    We continue to update our representative matters.
  • New Jersey

    • Represent technology company in contract performance dispute with New Jersey Motor Vehicle Commission.
    • Represent technology company in contract performance dispute with New Jersey Department of Human Services.
    • Assisted client with negotiation of contract terms and conditions relating to performance requirements and statements of work.
  • New Mexico

    • Represent technology company in connection with contractual performance dispute with the New Mexico Motor Vehicles Division.
    • Represent clients in connection with applicability of New Mexico environmental regulations.
    • Represent client in connection with terms and conditions negotiations and exception identification with New Mexico Department of Health.
  • New York

    • Represent technology company in connection with negotiation of applicable terms and conditions for information technology services agreement.
    • Represent client in connection with terms and conditions negotiations and exception identification with a New York City agency for a large, complex information technology systems integration program.
    • Represent client in connection with terms and conditions negotiations and exception identification with New York City Law Department.
    • Represent client in connection with terms and conditions negotiations and exception identification with New York City Department of City Planning.
    • Represent client in connection with terms and conditions negotiations and exception identification with New York City Department of Information Technology and Telecommunications.
  • North Carolina

    • Represent client in connection with terms and conditions negotiations and exception identification with North Carolina Department of Public Instruction.
    • Represented contractor in state bid protest of Medicaid management information system contract.
  • North Dakota

    We continue to update our representative matters.
  • Ohio

    • Represented technology company in connection with performance dispute arising out of software development contract.
    • Advised technology company regarding potential contractual terms and conditions under state solicitation, including information security issues.
  • Oklahoma

    • Represent technology company in connection with bid protest before Oklahoma Office of Management and Enterprise Services.
  • Oregon

    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
  • Pennsylvania

    • Analyze applicable statutes and regulations relating to information technology services contracts.
    • Represented technology company in connection with "reverse-FOIA" proceeding pursuant to Pennsylvania Open Records Law.
    • Assisted client with negotiation of contract terms and conditions with state agencies relating to performance requirements and statements of work.
  • Rhode Island

    • Represent technology company in connection with contractual performance dispute with the Rhode Island Division of Motor Vehicles and the Rhode Island Department of Administration.
    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
  • South Carolina

    • Represent technology company in connection with contractual performance dispute with state agency.
  • South Dakota

    We continue to update our representative matters.
  • Tennessee

    • Analyze Requests for Proposal, including incorporated statutes and regulations, issued by Tennessee Department of Education.
    • Represent contractor in bid protest of Tennessee Department of Safety procurement.
  • Texas

    • Represented vendors in connection with "reverse FOIA" actions pursuant to Texas Public Information Act.
    • Represented technology company in connection with negotiation of contractual amendments and related documentation with Texas Department of Information Resources.
    • Assisted contractor with lease/rental agreements with convention centers.
    • Represent client in connection with terms and conditions negotiations and exception identification with Texas Department of State Health Services.
  • Utah

    We continue to update our representative matters.
  • Vermont

    • Represent technology company in connection with contractual performance dispute with Vermont Department of Motor Vehicles.
  • Virginia

    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
    • Represent multiple companies in connection with "reverse FOIA" actions pursuant to the Virginia Freedom of Information Act.
  • Washington

    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
    • Represent cloud service provider in connection with Washington Public Records Act dispute.
    • Conduct labor and employment compliance analyses and related risk assessments for prominent Washington corporations.
    • Represent client in connection with terms and conditions negotiations and exception identification with Washington State Board for Community and Technical Colleges.
  • West Virginia

    We continue to update our representative matters.
  • Wisconsin

    • Negotiate contractual terms and conditions with state agencies relating to information technology master service agreements, performance requirements and statements of work.
  • Wyoming

    We continue to update our representative matters.
Close ×