Even when the act of approving a contract to buy goods or services appears to be simple, the underlying procurement methods and procedures are far from it.  Competitive bidding, intricate in itself, is not the exclusive method of procurement.  The use of purchasing cooperatives and interlocal cooperative purchasing agreements often simplifies the procurement of goods and materials but all purchases that involve an expenditure of at least $50,000 must be evaluated to assure compliance with all statutory requirements or exceptions.  

 

The Firm’s attorneys know when, for example, a contract must be submitted for competitive bidding, when exceptions to competitive bidding might apply, how a construction manager or design-build contract works, or how historically underutilized businesses factor into the equation.

 

Of course, the firm has prepared and reviewed numerous Invitations to Bid and Requests for Qualifications and Proposals, but its attorneys have also been involved in the process of bidding, awarding, monitoring, and enforcing procurement and construction contracts.

 

For construction contracts, the Firm does not advocate the use of standard AIA construction documents.  Instead, in response to multiple project failures in one particular city, the firm developed an alternative standard form contract that is now in use in a number of the firm’s cities.  The form was developed more than 10 years ago and has been updated with changes in Texas law.  Since the implementation of this form contract, the city for which it was developed has not been a party to a single lawsuit involving public works and facilities construction.