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Bidder Preference Law

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Copyright 2018
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Gain an understanding of bidder preference laws necessary to navigate the evolving world of public works bidding. Bidders are increasingly finding that being the lowest, responsible, responsive bidder is not enough to win the award of a public works contract. Nearly every state in the United States and many local governments have enacted some form of bidder preference statutes within the last ten years. The preferences range from promoting sustainability, recycling, and social good to laws that favor one class of bidders over other classes of bidders. Preferences run from providing a method of breaking a tie to allowing the preferred bidder to win an award of a public works contract with a price that's up to fifteen percent higher than its competition. This topic will look at the constitutionality and legality of bidder preference laws, bid protests, public policy, and other considerations to ensure that bidder preference laws work for and not against you. This information is critical to anyone in any capacity involved with competitive public works bidding.

Authors

Scott Cahalan, Smith, Gambrell & Russell, LLP

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