|
 |
Procurement law is a narrow but critical specialty. True experts are unique. Our law practice has specialized in this area for more than 20 years, with vast, in-depth experience on both the client side and in the public sector. If you do business with state and local government agencies, then you need to have Scott Livingston and his team on your side. Disputes arise. Claims and protests occur. Questions about contracts and bids need answers. Compliance is always an issue. No one knows the State of Maryland’s procurement systems better. No one has more expertise to put to work for your particular issue. And no one can get results for you like Livingston Procurement Law.  Procurement Alert August 13, 2010 This edition of the Procurement Alert focuses on recent legal developments concerning the Minority Business Enterprise and Disadvantaged Business Enterprise preferences at the federal, state and local levels. Eastern Shore bidder sought a waiver of the DGS MBE goals, rather than increase his bid to meet the MBE goals. In the minutes prior to bid submission for a Maryland Department of General Services (DGS) construction contract, the estimator was faced with a choice: either increase the bid to cover the higher quote from the MBE electrical sub or else use the much lower quote from the non-MBE sub and seek a partial waiver of the goals. The estimator used the low quote from the non-MBE and requested the partial waiver. DGS rejected the waiver request, mostly because the second, third, and fourth low bidders did not seek a waiver of the MBE goals. The second low bid was based on a low quote from an MBE who did not provide a quote to any other bidder. On appeal from a circuit court dismissal of the complaint, the Court of Special Appeals ruled that DGS' denial of the waiver was not "arbitrary and capricious." The plaintiffs argued that "strict scrutiny" is the proper scope of judicial review. The contractor argued that the waiver must be granted unless the government could show that denial of the waiver was necessary means of remedying past discrimination. Despite these contentions, the Court of Special Appeals upheld the trial court. Appellants filed for review by the Court of Appeals. For a copy of the Court of Special Appeals unreported decision, click Unreported-Court-Of-Special-Appeals-Decision.pdf For a copy of Appellants' Petition for Writ of Certiorari, click Petition-For-Writ-Of-Certiorari.pdf  Recent issues of the Procurement Alert newsletter Subscribe to the Procurement Alert newsletter  |
|
