State and Local Bid Protest Litigation

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Kutak Rock LLP’s Bid Protest Team offers deep experience in counseling, prosecuting and defending multibillion-dollar state, municipal and federal procurement decisions. The Protest Team, with more than 25 attorneys and a network of additional litigation and subject matter resources in the firm’s 18 offices, regularly represents clients in complex procurement litigation against governmental and private actors, as well as in various other pre litigation procurement matters. Our Bid Protest Team engages fully and in the earliest stages of the procurement, from the initial legislative development and budgeting support for the RFP, through advice in shaping of both the RFP and client’s proposal, to defense or protest of the bid award in administrative and judicial tribunals. By collaborating with our Governmental Relations Group and our subject matter legal experts, the Protest Team efficiently and proactively represents clients through all phases of the procurement and prudently evaluates legal, political and business solutions to unique procurement scenarios.

Representation in Bid Protest Matters

Kutak Rock attorneys have a long, successful track record in guiding clients from start to finish through a myriad of procurement processes under the laws and protest procedures implemented by various state, federal and local actors. Our attorneys provide careful guidance in helping to request clarification on crucial procurement matters, challenging outcomes, convincing agencies to correct proven mistakes, and, when necessary, aggressively litigating erroneous procurement award decisions.

Recent representative protest litigation engagements include the following:

  • Representation of a Fortune 200 company in a state level protest of a Medicaid Management Information System (“MMIS”) procurement, which achieved a successful resolution for the client after protracted federal court litigation;
  • Representation of a Fortune 200 company in a state level protest of a Medicaid Management Information System (“MMIS”) procurement, including the successful reversal of the agency’s initial disqualification of the client from the procurement;
  • Representation of small business entities in protests of state agency awards of contracts for food services, construction services and for other services and products;
  • Representation of a Fortune 100 company in multiple state level protests of multibillion-dollar procurements for state Medicaid managed care contracts;
  • Representation of a national data and analytics provider in multiple state level protests of Medicaid Information Technology procurements;
  • Representation of a publicly traded home health company in a procurement for state owned medical providers;
  • Representation of a large privately held construction company in a state-level bid protest for construction services; and
  • Representation of a dental services organization in multiple procurements for state Medicaid service contracts.

The Protest Team has achieved notable successes in numerous procurement matters. By deploying a cross disciplinary team of litigators, subject matter experts and, in many cases, government relations professionals, the firm has developed client focused solutions in a wide variety of procurement disputes.