Public Procurement

The State of West Virginia and the Commonwealth of Pennsylvania spend millions of dollars annually purchasing commodities and professional services. These purchases are regulated by statutes and case law; administrative regulations and guidance; and the discretion of public officials and employees.

Bowles Rice has specialized knowledge and experience in navigating clients successfully through the public procurement process, which may include challenging the technical specifications in a bid solicitation; seeking clarity on the scope of a Request for Proposal (RFP), Request for Quotation or Qualifications (RFQ); or protesting or defending the award of a public contract.

We know the administrative appeal deadlines and guidance documents.  We have positive relationships with the agency decisionmakers.  Most importantly, we look for creative solutions to resolve purchasing disputes, but we will litigate if necessary.

Examples of our public procurement work include representing a health care insurer, a bank, and a health care consultant in their administrative protests of agency contract awards.  We also assisted an engineering firm and a Medicaid enrollment broker with challenging vague and inadequate bid specifications that favored their competitors.

Additional work includes representation of a public relations firm in its administrative protest of a contract’s cancellation; prosecuting a construction company’s challenge to a “short list” of eligible bidders on a major roadbuilding project; and obtaining details of a public procurement for an association client through the Freedom of Information Act (FOIA).

Every dispute involving a public contract is unique.  With vast experience and knowledge of the public procurement process, and the necessary relationships to ensure our clients' protests receive fair consideration, Bowles Rice stands ready and prepared to help resolve such disputes.

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