State and Local Practice

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

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.

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.