GW Law Summer Series 2022: State Bid Protests

Join GW Law’s Government Procurement Law Program and the National Association of State Procurement Officials (NASPO) for Summer Series 2022: State Bid Protests. The four free sessions will meet online from 6-8 pm, Tuesdays and Thursdays, for two weeks in July 2022.

**Series Moderator: Christopher Yukins**

Registrants for this program come from 35 U.S. states and territories, and from 37 countries across five continents.

Introduction to State Bid Protests: The Why and How for Bid Challenges (Tuesday, July 12, 6 pm Eastern) — Leading experts from around the United States discussed why states establish bid protest systems, and how those systems are structured. Melissa (Missy) Copeland discussed her extensive experience in handling bid protests around the United States, Dan Schoeni summarized his research on the incidence of bid protests in the European Union and states in the United States, and Zach Jacobson discussed his paper (available below, in “Resources”) detailing states’ bid protest systems. Free video introduction provided by NASPO’s “Procurement U.” Session 1 slides and chat.

Recording of Session 1 – also available at GW Law Government Procurement Law Program YouTube Page

2. How to Avoid Bid Protests: Common Problems in Procurement (Thursday, July 14, 6 pm Eastern) — Contracts professionals and attorneys (from both the public and private sectors) discussed common reasons for state bid protests, and how to avoid — or mitigate — those problems. Special guest William Curry discussed a chapter on bid protests from his award-winning book, Contracting for Services in State and Local Government Agencies: Best Practices for Public Procurement (Routledge 3d ed. Sept. 2022) (also available from Amazon and Barnes & Noble). Session 2 Slides & Chat

Panelists: Elizabeth Leavy, Lydia Hoover, William Curry & Robert Metzger

Recording of Session 2 – also available at GW Law Government Procurement Law Program YouTube Page

3. Improving Bid Protests — and the Procurement Process (Tuesday, July 19, 6 pm Eastern) — A discussion of reform efforts to make protests a more effective (and less disruptive) way to reduce failures in public procurement. The session included a special focus on potential reforms to the American Bar Association (ABA) Model Procurement Code (MPC), which is under review and available online. During the session, Maryland State Board of Contract Appeals member Michael Carnahan discussed the history and procedures of the MSBCA, a leading example of an independent administrative agency hearing state bid protests. Jennifer Dauer discussed issues with California’s bid protest system, and Tom Kenny and Ed Fox reviewed ongoing efforts to reform Nebraska’s bid protest system. Session Slides

Panelists: Jennifer Dauer, Thomas Kenny, Edward M. Fox II, Michael Carnahan

Recording of Session 3 – also available at GW Law Government Procurement Law Program YouTube Page

4. Practicum: How a Protest Works (Thursday, July 21, 6 pm Eastern) — Students will present a mock bid protest, argued before live judges over videoconference, illustrating “do’s and don’ts” of common bid challenges. Session chat

Mock Bid Protest Problem – in Word Download

Recording of Session 4 – also available at GW Law Government Procurement Law Program YouTube Page

RESOURCES

National Association of State Procurement Officials (NASPO), State Bid Protests – Research Brief (Apr. 2013)

National Association of State Procurement Officials (NASPO): Repository of State Procedures – Bid Practices (state-by-state summary of statutes and rules governing bid protests).

A very useful background text for these sessions, the American Bar Association’s Guide to State Procurement: A 50-State Primer on Purchasing Laws, Processes, and Procedures (edited by Melissa Javon Copeland) was provided at no cost to U.S. law students and NASPO members who registered for the series, thanks to the generous support of Kutak Rock and NASPO, when a new (third) edition was published by the ABA later in 2022.

ABA Model Procurement Code (2000) – Article 9 addresses bid protests

ABA Model Procurement Code – Recommended Regulations (2002)