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Public Contracts and Procurement

Osborn Maledon’s Public Contracts and Procurement practice operates at the intersection of law, business, and government, regularly representing tribal, state, and local governments, and those who do business with them.  Our experience covers the many aspects of public contracting with various tribes, the State of Arizona, counties, municipalities, colleges and universities, school districts, and other governmental entities. 

We are proud to represent clients ranging from Fortune 500 companies with multi-year, multi-billion dollar state contracts to small businesses performing their first municipal contracts.  Whether the matter involves a municipal contract for office supplies or a multi-year health care contract with AHCCCS, the lawyers in Osborn Maledon’s Public Contracts and Procurement practice have the background and experience to provide comprehensive guidance and legal representation with respect to the various stages and aspects of government contracts and subcontracts. 

Solicitation Responses, Negotiations, and Bid Protests

Osborn Maledon teams with numerous companies that sell commercial products and services to state and local governments.  We assist vendors with all aspects of public procurement, including:

  • Responding to government solicitations
  • Negotiating government contracts
  • Complying with government disclosure obligations
  • Maintaining appropriate protection of intellectual property rights
  • Drafting, reviewing and advising clients on nondisclosure and confidentiality agreements, intellectual property and software licensing agreements, teaming and joint venture agreements, Cooperative Research and Development Agreements (CRADAs), and other transactions
  • Representing clients in bid protests

Osborn Maledon has an active and distinguished bid protest practice.  We have brought and defended protests of procurements in numerous industry sectors including information technology, security, health care, construction, and professional services, and at various levels of government ranging from cities to colleges to state agencies.

Contract Administration and Disputes

Osborn Maledon’s lawyers provide advice and guidance with respect to prime contract administration and compliance, subcontracting agreements, and dispute resolution.  For example, we have extensive experience:

  • Providing strategic advice where contract performance may not be in compliance with statute, regulation, or contract terms
  • Advising about disclosures to the federal and/or state government concerning contract performance issues
  • Advising about terminations, threatened terminations, corrective action notices and notices of intent to terminate and litigating related issues
  • Representing clients in a range of disputes that may arise between prime contractors and subcontractors, including analyzing the validity of claims, negotiating resolutions and, when necessary, litigating the dispute

Conflict of Interest and "Revolving Door" Restrictions

Osborn Maledon’s lawyers also guide our clients in complying with the procurement integrity and standards of ethical conduct requirements, including:

  • Advising clients regarding Arizona’s recently adopted statute restricting the activities of government employees who have had “a significant procurement role"
  • Advising clients who are contemplating making an offer of employment to a current or former government employee regarding restrictions that may apply

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Associated Attorneys