White Paper

Are Sole Source Specifications Enforceable?

 

Public procurement laws recognize that sole source specifications may be used in special circumstances.

Sole source requirements are enforceable on private projects where the parties are free to contract with whomever and for whatever they want, so long as their contract is lawful and does not violate public policy.  But sole source requirements can conflict with the policy behind public procurement laws that require competitive procurement to avoid squandering of public funds, cronyism, and corruption.

Agenda

Faculty

Scott D. Cahalan

Scott D. Cahalan

Smith, Gambrell & Russell, LLP

  • Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
  • Part-time instructor of graduate courses in design and construction law and real estate development law at the Georgia Institute of Technology
  • General counsel to the Georgia Utility Contractor’s Association
  • Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
  • Drafted form construction contracts for the Associated Owners and Developers, a national organization
  • Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
  • Frequent author and lecturer on construction law
  • Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
  • J.D. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University
  • Can be contacted at [email protected], [email protected], or 404-815-3711

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