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Article: Repair Nebraska’s Contract Procurement Process

Publications - Article | June 12, 2017

Kutak Rock attorneys Thomas J. Kenny, Edward Fox and Meghan Blinn have prepared a feature article entitled "Caveat Vendor: The Case for Repairing Nebraska’s Contract Procurement Process" to be published in the forthcoming July/August 2017 edition of The Nebraska Lawyer magazine. 

In the article, the authors outline relevant Nebraska procurement laws and bid protest decisions, with a focus on how State procurement decisions have been challenged at the agency level or in court. The article concludes that significant flaws in current procurement processes undermine State competitive bidding laws and thereby risk not only harm to taxpayers and State program beneficiaries, but also risk alienating the high-quality vendors that the State and its taxpayers would seek to attract.

The authors suggest that the best way to ensure proper judicial review of State agency procurement decisions would be to modify relevant law to allow limited and express judicial review of State award decisions through the Nebraska Administrative Procedures Act (APA).

Read the entire article here (by permission of The Nebraska Lawyer.).