Procurement

Procurement

Construction & Public Contracts

Overview

Procurement processes—especially for public contracts—are often highly regulated by long-standing codes, practices, and regulations at various levels of government. Critical aspects of specifications, bidding, and procedures are often obscured within the complex language of statutes, RFPs, and other documents.

Navigating complex processes to stay competitive.

We represent public contractors and concessionaires in a number of industries beyond construction, particularly with respect to privatized transportation and other services traditionally provided by governments. We also represent parties bidding on government contracts for the sale of goods and services, such as toll systems, rolling stock, and other complex, technical items.

If your business requires clarity and effectiveness with regard to construction procurement, our team can help ensure your goals are met.

We help navigate various statutes and codes including:

  • Contract specifications and engineering documents
  • Bid instructions and advertisements
  • Bid protest word for construction and other procurement matters
  • Prevailing wage law
  • Public works contractors’ bond law
  • State & federal procurement codes
  • Mechanics’ lien law
  • Municipal and other authority codes

Hinckley Allen Successfully Defeated Bid Protests for $566.6M Contract

We successfully represented a foreign-owned, recently formed Massachusetts corporation, defeating three bid protests that objected to the award of a contract for the supply of rail cars. The total value of the contract was approximately $566.6 million. This was the first procurement that the entity had participated in and the importance of defeating the bid protests was a “bet the company” prospect.

Hinckley Allen worked closely with the awarding authority and its attorneys in this matter. The awarding authority initially denied the protests via its internal bid protest review procedure. Following those decisions, the protestors filed firstly in Federal Court and subsequently in State Court. The protestors Federal Court filings included individual complains and various requests for injunctions and motions to expedite. Basically, the protestors were looking for the entire procurement to be stayed until the award of the contract to our client was revoked. Again, working closely with the awarding authority, Hinckley Allen successfully moved to have the federal case dismissed on the basis of lack of jurisdiction. The three other bidders subsequently re-filed the action in State Court. In that forum, Hinckley Allen was successful in opposing a motion for a preliminary injunction, which ultimately led to the protestors dropping the action. As a result of this initial bid protest representation, Hinckley Allen continues to advise the awarding authority on an “as needed” basis and is also representing a sister company on two additional procurements.

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