State & Local Government Contracts

The Government Contracts Group at Alston & Bird is unique because we represent not only contractors in federal contracting matters but also contractors all across the country in bid protests, contract claims and litigation, protection of trade secrets in contracting through open records and Freedom of Information Act (FOIA) exemption processes, and state and local investigations. From coast to coast, we have built a knowledge base of state and local procurement law and a local counsel network of experts in local government relations, procurement, and specific industries. Our wealth of knowledge has even led us, on occasion, to represent state and local governments and authorities in their public contracting matters, whether assisting in developing ordinances, regulations, and laws to facilitate public contracting; advising on federal assistance; or representing the public body in litigation. Our Government Contracts Group is one of the very few in the country that can boast this level of nationwide state and local capability. Examples of our public contracting matters outside the federal space include:

Protested the award of a contract by the Georgia Department of Administrative Services (DOAS) for back-office services after our client, the incumbent for more than 10 years, lost the competition for the follow-on work. Our client retained the contract.
Won a reversal at the Commonwealth Court of Pennsylvania in an en banc appeal over the Medicaid insurer client’s bid protest of Pennsylvania’s $13 billion Medicaid program, resulting in the client’s retention of the contracts.
Advised a Medicaid insurer in Texas in a state audit of costs and compliance with performance incentives, penalties, and profit reviews under state law.
Represented the losing bidder in a protest of an award by the Georgia Department of Education for information technology services.
Served as state & local and education (SLED) counsel to a leading enterprise security company doing business with a variety of state and local governments through various cooperative agreements.
Represented a nonprofit educational service provider in obtaining records under the Maryland Public Information Act.
Advised a leading professional services organization on conflict of interest obligations and risks in Texas, Ohio, New York, and California.
Obtained a temporary restraining order against a Georgia state agency from disclosing our incumbent contractor client’s proprietary information in its proposal for the follow-on award.
Represented a major health care provider in its evaluation of state Children’s Health Insurance Program (CHIP) invitations to negotiate in Florida.
Representing a national insurer in a challenge to a state agency’s decision to reopen competition for a Massachusetts Medicaid contract.
Represented an awardee of a Medicaid contract in a challenge to prevent Georgia’s unlawful disclosure of our client’s proprietary information contained in its winning proposal.
Represented a national health plan in its pursuit of a state Medicaid managed-care contract and protection of our client’s trade secrets in 25 different states: Alabama, Arizona, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Minnesota, Mississippi, North Carolina, Nevada, New Mexico, New York, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, and Washington, and the District of Columbia.
Represented a national health care company in a Georgia protest and suit concerning the improper award of an approximately $25 million public-employee health care contract. After a hearing before the court, the court reversed the improper award, granted each alleged ground for the appeal we raised, and ordered the city to reissue the RFP.
Prosecuted a bid protest on behalf of two clients that jointly operated Georgia’s Clean Air Force Program before the Georgia DOAS, resulting in the extension of their contract during the resolicitation of proposals for the work they performed.