- Bid Protests
- Corporate Issues, Mergers & Acquisitions, and Due Diligence
- Cost Accounting and Cost Allowability
- Crisis Management for Government Contractors
- Data Rights and Protection of Contractor Trade Secrets
- Employment Issues in Government Contracting
- Ethics Advice & Compliance Audits and Plans
- Expeditionary Contracting in the Mideast and Southwest Asia
- Export Controls, Foreign Corrupt Practices Act, Buy American Act, and Trade Agreement Act
- Government Claims and Terminations
- GSA Schedule and Commercial Item Contracts
- Health Care Contracting
- Internal Investigations and False Claims Act
- Regulatory and Legislative Counseling
- Requests for Equitable Adjustment, Claims, and Disputes Litigation
- Small Business
- State and Local Procurement Law
- Suspension and Debarment
- Teaming Arrangements, Strategic Alliances, and Subcontracting
State and Local Procurement Law
With clients throughout the country, Wiley Rein is well-positioned to identify and react to national trends in state and local procurement. We advise clients on every step of state procurement processes, including identification of legal risks in solicitations, pre- and post-award bid protests, contract compliance, and contract claims and disputes (including negotiation of change orders). In addition to state and local procurements, we also advise clients on multi-state consortium and cooperative purchases, including multi-state contracts and “piggy-backing” arrangements.
Representative state procurement experience includes:
- Litigating a bid protest of an award of a major design-build construction project in Illinois.
- Representing state health insurance exchange and Medicaid Management Information System contractors in various states.
- Counseling on intellectual property ownership terms under Mississippi procurement regulations.
- Advising on equal opportunity employment reporting requirements in Connecticut.
- Assisting in navigating small business qualifications in California.
- Analyzing risks in a solicitation for a Texas multiple award schedule contract.
- Counseling on “Pay to Play” laws in New Jersey.
- Researching ethics regulations applicable to Philadelphia municipal procurements.
The influence of federal law on state procurements has expanded in recent years. Countless state and local contracts incorporate federal statutory and regulatory obligations, primarily as the result of the procuring entity using federal funds.
Given the numerous ways that state and local procurements may be impacted by federal requirements, Wiley Rein’s recognized federal contracting expertise significantly benefits those contractors operating in the state and local procurement markets.
A rapidly growing intersection between federal and state procurement law is in health care, as the Patient Protection and Affordable Care Act has introduced numerous new contracting opportunities and risks. With our Health Care Practice, we advise companies pursuing contracting opportunities related to the Affordable Care Act, such as state-based health insurance exchanges. In addition to the Affordable Care Act, the American Recovery and Reinvestment Act (ARRA) also increased the influence of federal law on state and local procurements. ARRA funding reaches a wide variety of state and local contracts, including education and public works initiatives.
Another significant intersection between federal and state procurement law is in cooperative purchasing arrangements, as numerous states and municipalities have the authority to purchase goods and services from the federal government-wide General Services Administration (GSA) Schedule contracts. Wiley Rein’s expertise in GSA Schedules can assist clients new to GSA contracting and experienced GSA Schedule holders facing compliance issues.
*Not admitted to the DC bar. Supervised by the principals of the firm.
News & Insights
News & Insights
- July 29, 2014 | Media MentionLaw360
- July 16, 2014 | AlertDOD Issues Proposed Amendment to DFARS Contractor Business System Rules to Require Contractors to Perform “Self-Evaluations” and Engage Independent Third-Party Auditors for Triennial Business System Reviews
- June 20, 2014 | Press Release
- March 31, 2014 | Alert
- March 20, 2014 | Alert
- March 12, 2014 | ArticleLaw360
- March 11, 2014 | Media MentionBloomberg BNA’s Federal Contracts Report
- February 7, 2014 | Media MentionLaw360
- Winter 2014 | ArticleInspection, Acceptance, and Warranty: Fundamental Government Contracting Principles Take on Heightened Importance in Wake of Federal Budget UncertaintyThe Procurement Lawyer, Vol. 49, No. 2
- December 4, 2013 | Frankfurt, Germany | EventUS Defence Contracting & FAR Compliance in Europe
- December 4, 2013 | Frankfurt, Germany | EventChange and Termination Clauses: Successful Clause Negotiation and How to Obtain Compensation upon ExecutionUS Defence Contracting & FAR Compliance in Europe
- October 11, 2013 | Press Release
- October 4, 2013 | Media MentionBloomberg BNA
- September 30, 2013 | Alert
- September 13, 2013 | AlertFederal Circuit Gives Judges Greater Discretion to Second-Guess Cost Reasonableness; Denies Government's Ambitious Fraud Counterclaims
- May 29, 2013 | Media MentionLaw360
- May 29, 2013 | Press Release
- May 2013 | ArticleDCAA's Use Of Statistical Sampling: Understanding And Surviving The HazardsGovernment Contract Costs, Pricing & Accounting Report, Vol. 8, Issue 3
- January 10, 2013 | Media MentionLaw360
- January 4, 2013 | Press Release
- November 1, 2012 | Press Release
- August 7, 2012 | AlertGoing Low: Ninth Circuit Holds that False Estimates and Fraudulent Underbidding Can Lead to False ClaimsGovernment Contracts Law360By Jon W. Burd
- June 12, 2012 | Press Release
- June 7, 2012 | Press Release
- April 27, 2012 | Press Release
- April 18, 2012 | Press Release
- February 7, 2012 | Media MentionGovernment Contracts Law360
- February 1, 2012 | Press Release
- January 24, 2012 | Alert"Fatally Flawed Statistically and Therefore Unreasonable" Armed Services Board Finds DCAA Executive Compensation Review Methodology Defenseless
- January 11, 2012 | Washington, DC | EventPractical Issues in Forum Selection in Government Contracts DisputesABA Contract Claims and Disputes Resolution Committee
- January 3, 2012 | Press Release
- November 23, 2011 | Press Release
- September 2, 2011 | AlertThe Federal Circuit Affirms a Contractor's Right to Challenge Negative Performance Evaluations Under the CDA
- June 13, 2011 | Press Release
- June 10, 2011 | Press Release
- May 3, 2011 | Press Release
- March 11, 2011 | ArticleLaw360
- March 4, 2011 | Annapolis, MD | EventPast Performance and Federal Awardee Performance and Integrity Information System (FAPIIS) Litigation Issues17th Annual Federal Procurement Institute and Open Midyear Council Meeting
- March 2, 2011 | Press Release
- February 23, 2011 | Washington, DC | EventWest Government Contracts Year in Review Conference
- February 15, 2011 | Press Release
- February 1, 2011 | Washington, DC | EventKnowing How the Government Is Applying the False Claims Act and Other Civil and Criminal Statutes to Battlefield SituationsAmerican Conference Institute
- January 1, 2011 | Washington, DC | EventIssues Related to Corporate MonitorsAmerican Bar Association
- December 29, 2010 | Press Release
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- August 29, 2000 | Press Release