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Public Contracts and Procurement Regulations

Discover how to navigate the minefields of public contracting and procurement code with ease. Do you want to know how to minimize the looming pitfalls inherent in public contracting? Now you can – purchase these reference materials and enhance your knowledge of the complex and always changing system of laws and regulations involved in public contracting and procurement. You’ll find out not only how to effectively coordinate the public procurement process for construction services, but also how to make strategic decisions concerning bid protests and contractual disputes. With these reference materials you will learn how public works projects are awarded and what you should do if you encounter a problem along the way. Presented from both legal and practical perspectives, this reference set will give you the tools you need to face the changing landscape in this often daunting field. Benefits for You •Take the guesswork out of bid protest procedure •Use troubleshooting techniques to help you avoid disaster •Stay current on recent legal developments affecting government construction •Get a firm grasp of both state and local procurement regulations Learning Objectives •You will be able to recognize when competitive bidding is required. •You will be able to identify key contractual provisions. •You will be able to review pre- and post-bid procedures. •You will be able to discuss the requirements of pay to play.
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Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

When Competitive Bidding Is Required
— Paul A. Sandars III, Esq. and Lee M. Tesser, Esq.
  • Public Entities Subject to Competitive Bidding
  • Threshold Amounts
  • Advertising for Bids
  • Standards – Lowest Responsible Bidder, Price and Other Factors, Negotiation
  • Flexibility Added to the Bidding Laws in 1999
  • Evaluative Criteria When Factors Other Than Price Can Be Considered
  • Principal Exceptions to Bidding Requirements
  • Bidding Regulations
Competitive Contracting
— Paul A. Sandars III, Esq.
(Break 10:30 am – 10:45 am)
  • The Competitive Contracting Process
    • Most Advantageous, Price and Other Factors Considered
  • Evaluation Criteria
  • Technical, Management and Price
Pre- and Post-Bid Procedures
— Steven E. Brawer, Esq. and Joseph A. Valenti
  • Nature of the IFB or RFP
  • The Pre-Bid Conference
  • Function of the Question and Answer
  • Clarifications and Addenda
  • Latent and Patent Ambiguities
  • Challenges to the Specifications
  • The Bid Opening
  • Public Documents – Obtaining Copies of Bids
  • Rejection of All Bids
  • The Negotiation Exception
  • Bid Protests – How to File
1:15 pm – 2:45 pm Going to Court
— Michael O. Renda, Esq.
  • Actions in Lieu of Prerogative Writs
  • Appeals to the Appellate Division From Actions of State Agencies
  • Key Elements of a Complaint and Order to Show Case
  • Seeking Injunctive Relief
  • Standing
  • Rescission of Contract Based on Unilateral Mistake
Requirements of Pay to Play
— Steven E. Brawer, Esq. Michael T.G. Long, Esq. and Joseph A. Valenti
  • ELEC and Other Disclosure Requirements
  • State Contribution Restrictions, and County and Local Contribution Restrictions
  • Federally Funded Projects
  • Fair and Open vs. Nonfair and Open Contracts
Contractual Provisions
— Lee M. Tesser, Esq.
  • No Damages for Delay and Liquidated Damages
  • Subsurface Conditions
  • Pay When Paid and Change Orders
  • Claims Bar and Warranties
  • Dispute Resolution and Retainage
  • Prompt Payment Act
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Online Manual

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

No photo available

Michael O. Renda, Esq. – Moderator

Waldman, Renda & McKinney, P.A.

  • Principal and partner with Waldman, Renda & McKinney, P.A.
  • 35 years of experience as an attorney focusing on construction and construction-related disputes
  • Member of American Arbitration Association Panel of Neutrals serving as an arbitrator and mediator for construction disputes; mediator for New Jersey Superior Court for construction disputes
  • J.D. degree, summa cum laude, and B.S. degree in civil engineering, University of Notre Dame
No photo available

Steven E. Brawer

Lowenstein Sandler LLP

Steven E. Brawer, Esq.

  • Member of the firm of Lowenstein Sandler PC
  • Practices in construction, public contracting and public bidding, administrative proceedings, arbitration, and occupational safety and health
  • J.D. degree, with honors, The George Washington University Law School; B.A. degree, University of Pennsylvania
Michael T.G. Long, Esq.

Michael T.G. Long, Esq.

Lowenstein Sandler LLP

  • Partner with Lowenstein Sandler LLP in their litigation department
  • Practice includes white-collar, complex civil litigation and appellate matters
  • J.D. degree, summa cum laude, Order of the Coif, Seton Hall University School of Law; B.A. degree, Boston College
Paul A. Sandars III, Esq.

Paul A. Sandars III, Esq.

Lum, Drasco & Positan, LLC

  • Member of Lum, Drasco & Positan, LLC
  • Practices in construction law and complex commercial litigation, alternative dispute resolution, taxation and zoning matters
  • Listed in Best Lawyers in America under construction law in both New Jersey and the New York Metropolitan Area, and named a Top 100 New Jersey Super Lawyer
No photo available

Lee M. Tesser

Tesser & Cohen

  • Practices construction law including surety law, commercial contracts, condominium representation, commercial transactions, construction arbitration, contractor performance bonds, construction defect litigation, commercial litigation (bid protests, delay claims, wrongful termination, construction contracts), real estate, construction liens, professional liability for architects and engineers
  • Served as arbitrator and mediator for construction disputes for the American Arbitration Association since 2010
  • Published columnist and contributing writer of State-by-State Analyses of Legal Issues Affecting Architects, Engineers, Contractors, and Owners; wrote, State of New Jersey Treatise, Aspen Publishers, Inc.
  • Former chair of the New Jersey Bar Association, Construction Law Section, Mr. Tesser has been recognized on numerous occasions as being one of the most outstanding lawyers in the State
  • Identified as one of New Jersey’s Top 100 Attorneys by New Jersey Monthly, 2015; and Super Lawyers in the field of Construction and Surety Law, 2006 to 2015
  • Selected by the International Who’s Who of Construction Lawyers, 2013 and 2014, as being among the world’s leading Construction Lawyers
  • Can be contacted at 201-343-1100 or [email protected]
Joseph A. Valenti

Joseph A. Valenti

Joseph A. Valenti, LLC

  • Public purchasing consultant
  • Retired bureau chief in the Division of Local Government Services, New Jersey Department of Community Affairs
  • Master’s degree in governmental administration, Wharton School, University of Pennsylvania; B.A. degree, Seton Hall University
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Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 386383
Published 2011
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