Connect with RWL

Overview

Overview

Scott A. Livingston, is co-founder of RWL and co-chair of the firm’s State Contracting, Procurement and Bid Protests Practice.

A specialist in Maryland procurement law, Scott has represented hundreds of government contractors on bid protests and other state contract disputes totaling more than 5 billion dollars.  He has been the attorney of record in more than 50 decisions published by the Maryland State Board of Contract Appeals.  In his more than 30 years in practice, Scott has handled more appeals to the Maryland State Board of Contract Appeals than any other private practitioner attorney.

In his previous position serving as an Assistant Attorney General of Maryland, Scott advised the Secretary of Transportation of Maryland.  He helped draft Maryland’s procurement regulations governing administrative procedures for resolution of bid protests and contract claims.

Scott is a regular speaker on procurement law subjects, including construction claims, bid protests and MBE compliance for organizations including the Public Contract Law Section of the American Bar Association.

He provides legal services to government contractors relating to bid protests, litigation and settlement of claims against agencies of the State of Maryland.

Previously, Scott served for seven years as an Assistant Attorney General with the Maryland Department of Transportation.

Notable Representations

  • Appeal of Montgomery Park, LLC I (January 2020) – Board found that agency wrongfully canceled the solicitation for real estate lease after appellant was selected for award
  • Appeal of Montgomery Park, LLC II (February 2020) – Agency violated procurement law when it awarded a sole-source Renewal Lease
  • Appeal of Chesapeake Turf, LLC (November 2017) – Agency may not lawfully allow substitution of MBE, named in participation affidavit, after bid opening
  • Appeal of Kennedy Services, LLC (December 2017) – Board upheld agency determination that offeror failed to accurately complete and submit the MBE utilization affidavit
  • Appeal of Cigna Corporation (July 2015) – Board sustained protestor’s appeal that a contract for services may not extend beyond deadline of expiration of the original “competed-for” contract
  • Appeal of Manuel Luis Construction Co. (October 2015) – Contractor recovered $850,000 equitable adjustment for 900+ changes resulting from defective specifications on highway streetscape project
  • Appeal of Catalyst, Rx (January 2012) – Board upheld award of $2B pharma benefits contract based on lower price proposal where proposal was ranked technically inferior
  • Appeal of PDI-Sheetz Construction, Inc. (July 2011) – Bid under the minimum allowable price deemed non-responsive
  • Appeal of Facchina-Trumbull-Skanska JV (April 2009) – Board upheld award for $561M+ construction contract, even though $600,000 higher than protestor’s financial proposal on Intercounty Connector contract
  • Appeal of Yellow Transportation (April 2004) – Selection of awardee for $40M+ paratransit contract was unlawful because evaluation was tainted by bias and improper emails with preferred offeror
  • Appeal of Daisy Concrete, Inc. of Maryland (June 2003) – Failure to sign bid may be minor irregularity on construction contract
  • Represented numerous business, commercial and institutional interests in actions involving the State of Maryland and its agencies, including:
    • Maryland Department of Transportation – State Highway Administration
    • Maryland Department of Transportation – Maryland Transportation Administration
    • Maryland Department of Transportation – Maryland Aviation Administration
    • Maryland Department of Transportation – Maryland Transportation Authority
    • Maryland Department of Transportation – Maryland Port Administration
    • Maryland Department of Budget and Management
    • Maryland Department of General Services
    • Maryland Department of Health and Mental Hygiene
    • Maryland Department of Human Resources
    • Maryland Department of Public Safety and Correctional Services
    • Maryland Division of State Documents
    • Maryland Department of Housing and Community Development
    • University of Maryland, College Park

Achievements

  • Maryland Super Lawyers (2023)
  • Awarded “Champion of Equal Justice” from Legal Aid of Maryland, for 17 years of pro bono procurement law advice that supported $102 million in contracts for legal services to Children in Need of Assistance
  • Attorney of record in 50+ published docketed decisions of the Maryland State Board of Contract Appeals – more than any private law practitioner in Maryland

Publications & Presentations

  • Author and publisher, “Maryland Procurement ALERT” newsletter, with timely information on legal developments of interest to companies doing business with the State of Maryland. Click here to subscribe.
  • Webinars on COVID-19 and Protecting the Contractors Profit Margin for the Maryland Transportation Building Materials Association and Associated Builders and Contractors (Spring, 2020)
  • “Principles of Maryland Procurement Law,” co-author with Lydia B. Hoover, 29 University of Baltimore Law Review 1 (2000)
  • Frequent lecturer and panelist on Maryland procurement law