As a subset of our Owner Representation Practice, we target our expertise toward public owners, including state and local governments and their agencies, authorities, boards, commissions, and other political subdivisions. Public owners need specialized counsel because their powers and purposes – indeed, their very existence – are established and governed by constitutional and statutory rules.
In contracting for construction services or procuring goods and services for any purpose, they must follow these rules. In most cases, the failure to do so could result in liability for the public owner and its officials and employees, or a disgruntled bidder could file an action based on the violation. We assist public owners in complying with all rules and regulations to avoid these negative outcomes.
Competitive Bidding and Proposals
We advise public owners in competitively acquiring goods and services. To ensure the process if fair and open to the public, state law requires public owners to procure goods and services using a competitive process, typically through competitive bidding or competitive proposals.
We advise public owners through the process, such as:
- Determining the applicable statutory procurement system;
- Identify and discuss available options for procurement, giving the owner as much flexibility as permitted;
- Setting up bidding documents, requests for proposals, or other solicitations; and
- Advising public owners on the selection process and ultimate award.
Public Owner Contracts, Purchase Orders, and Related Procurement Documents
When the selection process is complete, we provide procurement documents, such as contracts, purchase orders, and similar documents. We draft them with the goals of protecting the public owner’s interest and minimizing the risk of potential disputes. With our expertise in construction litigation and commercial law and litigation, we are well suited to know what provisions are necessary and the proper way to draft them. In addition, the rules and regulations noted above require particular provisions to be included in the agreements.