Public Contracting and Procurement

The Public Contracting and Procurement Group represented government entities, including municipalities and enterprise districts, in purchasing matters, public works and public construction projects. We advise clients on all legal matters surrounding public construction, including proper bid forms and specifications and compliance with the legal requirements for public solicitations. We also analyze and advise clients relative to contractor and vendor claims.

Our attorneys are experienced in public procurement of goods and services under the Massachusetts Uniform Procurement Act. We advise public-sector clients on all aspects of public solicitations, from the preparation of bids and requests for proposals to the review and analysis of bids and the awarding of contracts, including the disqualification of bidders and the defense of bid challenges. We also advise public entities on the legal requirements surrounding the acquisition and disposal of interests in real property.

Our attorneys assist our public-sector clients in successfully structuring and implementing low-bid or alternative procurements, including drafting procurement regulations, documenting new procurement procedures and preparing the corresponding public solicitation materials.

We have represented both governmental and private entities in major design/build and design/build/operate procurements for large public projects, including transportation and water/wastewater projects, in private operation and management contract procurements for public facilities and in innovative financing projects through the U.S. Department of Transportation and the Federal Highway Administration for national highway and mass transit facilities.

Mirick O'Connell offers a full range of services to our public-sector clients in implementing capital programs and projects, including drafting special legislation where necessary for particular projects and advising clients with respect to structuring project financing. Our Public Contracting and Procurement Group works closely with other groups within the firm to review and advise on construction and other project contracts, address permitting and zoning issues, review potential claims or possible litigation issues, and advise on environmental and other regulatory compliance matters.

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