State & Local Government Procurement

Drawing on our relationships with officials at both the state and local levels, and our deep understanding of the corresponding bureaucratic structures and procurement practices, we provide integrated, strategic counsel to clients navigating government contracting and procurement. Our State and Local Government Contracts and Procurement team, which includes attorneys and lobbyists who hold leadership roles within or work closely with the firm’s Public Policy and Government Relations practice, combines legal, governmental, and political expertise to support clients across all levels of state and local government.

Our Services

Government Procurement, Contracting, Bid Protests, and Litigation

• Advise on and assist with building relationships with state and local officials, agencies, and other decision-makers integral to procurement and contract approvals.
• Navigate state and local procurement procedures, rules, and regulations, providing guidance at every stage of the contracting process.
• Identify and evaluate opportunities to partner with government entities and provide strategic guidance on how to “pitch” an idea.
• Develop and implement strategic responses to all types of government solicitations, including requests for proposals (RFPs), invitations for bids (IFBs/ITBs), invitations to negotiate (ITNs), sole source and emergency procurements, and public-private partnership opportunities, ensuring submissions align with governmental priorities, business objectives, fiscal considerations, and policy goals, while maximizing the likelihood of a successful award.
• Advise clients on opportunities to participate in piggyback contracts and cooperative purchasing agreements at the state and local level, including evaluating eligibility, structuring proposals, ensuring compliance with procurement rules, negotiating terms, and addressing disputes. We guide clients through every stage, from identifying opportunities and aligning proposals with governmental objectives to contract administration, compliance, and dispute resolution, helping maximize the value and competitiveness of these agreements.
• Assist clients in forming strategic partnerships and negotiating joint venture or teaming agreements with other companies, including agreements with small, minority-owned, women-owned, veteran-owned, and other diverse businesses. We help structure partnerships to maximize competitiveness in state and local government procurement opportunities and to meet small business and diversity participation goals.
• Assist in contract negotiations and administration once an award is made, helping to protect client interests and ensure compliance.
• Provide legal and public affairs support for bid protests or other challenges arising from any government contracting decision, helping clients defend their interests, protect opportunities, and enhance their competitive position.
• Handle disputes arising from state and local government procurement and contracting, leveraging experienced trial and appellate litigators who appear before administrative tribunals, courts, boards of commissioners, and other panels nationwide to protect clients’ interests and achieve favorable outcomes at every stage.

Transactional Matters

•  The State and Local Government Contracts and Procurement team advises clients on both buy-side and sell-side deals on the full range of issues a company may encounter in an mergers and acquisitions (M&A) deal, including conducting in-depth due diligence; identifying material risks or non-compliances; drafting and negotiating representations and warranties; preparing disclosure schedules; and preparing change of ownership, control, or name notices. We also advise companies on the state and local legal, regulatory, and compliance implications of acquisitions, including how such transactions may affect their competitiveness for government contract opportunities.

Special Performance and Compliance Issues

• State and Local Contracts Funded by Federal Funding or Grants. Our team, working closely with the Federal Government Contracts group, advises contractors on the unique compliance requirements that arise when state and local contracts involve federal funds, grants, or cooperative agreements. We assist clients in developing policies, procedures, and compliance programs to meet the rigorous administrative and regulatory obligations associated with federal funding, helping ensure adherence and mitigate risk across all levels of government contracting.
• Suspension and Debarment. When a state or local government questions a contractor’s responsibility, we advise clients on compliance with suspension notices and help prepare comprehensive responses to debarment proceedings. Where appropriate, we assist in negotiating agreements that allow companies to continue performing contracts while addressing governmental concerns.
• Claims and Disputes. Our team represents contractors in state and local government contract disputes, with requests for equitable adjustment arising from government-directed changes, changes in law, or delays, as well as terminations for cause, convenience, or lack of appropriations.
• Audits and Investigations. We advise and represent contractors responding to state and local government audits or inquiries.