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Bidder Preference Law - Webinar

  • ID: 4437479
  • Webinar
  • 90 Minutes
  • Lorman Business Center, Inc.
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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 is 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.

Learning Objectives
  • You will be able to identify different types of bidder preference statutes.
  • You will be able to discuss and appreciate the legal issues relating to bidder preference statutes.
  • You will be able to explain why a preference law may not be in the best interest of a public entity.
  • You will be able to recognize when a bidder preference law has exceeded the constitutional and statutory authority.
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Overview
  • Public vs. Private Owner
  • Public Works Project
  • Competitive Sealed Bids
  • Exceptions
Standards of Award
  • In General
  • Different Lowest, Responsible, Responsive Bid
  • Policy
Lowest Bidder
  • Base Bid vs. Alternate
  • Preferences
  • Basis
Constitutional Limitations
  • Protected Classes
  • Richmond v. J. a. Croson Co.
  • Post - Croson
State Preference Statutes
  • Policy
  • Resident Bidder Preference
  • Resident Worker Preference
  • Local Goods
  • Societal Preference
  • Reciprocal Preference
Local Government Preference Statutes
  • Policy
  • Local Preference
Bid Protests
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Scott Cahalan - Smith, Gambrell & Russell, LLP
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This webinar is designed for engineers, city administrators, county and municipal officers, presidents, vice presidents, public works and utility directors, developers, project managers, planners, contractors, subcontractors, architects and attorneys.
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