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State Procurement/Bid Protest Developments and Resources

Publications - Client Alert | August 05, 2022

State Procurements in Nebraska, Arkansas and Hawaii

Procurement studies are complete or underway in NE, AR and HI. The studies were completed by Ikaso Consulting, a national public sector consulting firm currently performing a procurement review in Nebraska.

Review the Ikaso Consulting contract for the Nebraska procurement process, in addition to the procurement studies completed for Hawaii and Arkansas:

Ikasko Consulting Contract - Nebraska

Ikasko Consulting Proposal and Process - Nebraska

Ikasko Consulting Report Example - Hawaii

Ikasko Consulting Report Example - Arkansas

(These documents will be of interest to lawyers with client business interests in the procurement systems in these states, including those involved in bid protests and other contracting matters.)

State Bid Protests Programming and Education

With regard to state bid protests generally, we alert you to an excellent program on State Bid Protests presented by Public Procurement International, in affiliation with GW University. The four-day program featured a panel of talented procurement experts, and was livestreamed to attendees in 34 states and 37 countries on five continents. Two Kutak partners discussed “Improving Bid Protests” in Session 3 of the program. The materials and recorded presentations are linked here

Nebraska-Specific Procurement Information

The 2021 Special Investigative and Oversight Committee Report analyzes recent Nebraska procurement failures. The Committee report recommends that the Nebraska procurement process, rules, and laws be further analyzed and reformed. The sampling of failed procurements in the Report provides a look at some of the larger recent protests (see linked report starting at pg. 5), and a sense of how the agency has responded. Notably, however, the Report does not summarize the MCO/Heritage Health protests from 2016.

Kutak Rock Client Alerts: Nebraska’s Procurement Process 

Following are two Kutak Rock client alerts from 2021 that describe legislation designed to reform Nebraska’s procurement process:

State Procurement - A Tipping Point for Reform?

2021 Nebraska Legislative Developments: Procurement Reform Legislation Returns

Not referenced in the alerts, though relevant, is LB1037, a bill passed during the 2021 legislative session authorizing the retention of a procurement consultant to study the state’s processes generally and recommend reforms. The report resulting from that legislation is due in November 2022. Ikaso Consulting was retained by the state to review Nebraska’s procurement processes.