Procurement Practice Group

Dilworth’s Procurement Practice Group has deep and extensive experience with major procurements throughout the Commonwealth of Pennsylvania over the past 25 years. These representations require significant knowledge of the procuring agency’s enabling legislation and procurement policies, federal and state procurement law and regulations, and related laws.

Examples of Dilworth’s more significant procurement-related matters include representing:

• state highway and transportation authorities in major rolling stock and fare collection system procurements;
• a national cable company in connection with municipal cable television franchises
• an airport concessionaire for franchises at an international airport
• state authorities and quasi-governmental entities in major construction and development projects
• a large parking lot operator for concessions at significant municipal locations
• the awardee of a state centralized emissions testing program
• a leading health insurer in connection with major Medicaid procurements.

Specific procurement related matters and issues on which Dilworth has provided representation include:

• Structuring the procurement framework as an invitation to bid (IFB), request for proposal (RFP), professional service, sole source, competitive negotiation or other form as appropriate for the product or service being procured, including best value, two-step, design/build, public-private partnership, and architectural/engineering Brooks Act procurements.
• Drafting procurement documents, including the invitation to bidders/proposers, IFB, RFP, and contract documents.
• Serving as counsel to selection committees.
• Representing government agencies and protestors in bid protests and challenges during the course of the procurement process, including related litigation.
• Defending and challenging awards made by governmental authorities, including related litigation.
• Rendering legal advice and opinions on procurement-related issues such as cardinal change, responsibility and responsiveness determinations, disadvantaged business enterprise (DBE) goal compliance, common standard, compliance with bid procedures, authority to reject all bids, rebid or to accept bids, ethical compliance, procurement ambiguities, bid-rigging statutes, and Buy America and Steel Products Procurement Act compliance.
• Developing selection and evaluation criteria.
• Opposing debarment orders.

For questions or additional information, please contact co-chairs Joseph H. Jacovini, or Rosemary J. Loverdi of the Procurement Practice Group.

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