Scott Livingston
Co-founder, Partner & Chair, Maryland State Procurement Law and Bid Protest Practice Area @Rifkin Weiner Livingston Llc
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WORK HISTORY
Co-founder, Partner & Chair, Maryland State Procurement Law and Bid Protest Practice Area @Rifkin Weiner Livingston Llc
I built my practice on a comprehensive understanding of Maryland procurement law. I have represented numerous state contractors on bid protests and on resolution of disputes related to contract performance. Over the years, clients have trusted me to handle bid protests and contract claims totaling more than dollars. I am the attorney of record in more than 70 decisions published by the MSBCA which means I have handled more appeals before the Board than any other Maryland private practitioner attorney.Prior to entering private practice, I served as Assistant Attorney General of Maryland (1976—83), advising the Secretary of Transportation of Maryland (later a two-term Governor) and helping to draft Maryland’s procurement regulations for resolution of bid protests and contract claims.I am frequently sought after to speak on procurement law subjects, including bid protests, contract claims, legal issues caused by COVID-19 and Minority Procurement Preferences for conferences sponsored by industry organizations such as the Public Contract Law Section of the American Bar Association, Maryland Transportation Building Materials Association and the Associated Builders and Contractors of Maryland.For more information, including Notable Representations, please visit and my firm profile at Touhey and Kelly (now Peckar & Abramson)Partner 19••••95Washington D.C.Represented contractors in bid protests and claims against Baltimore City, agencies of state of Maryland and federal agencies.Maryland Office of the Attorney GeneralAssistant Attorney General, Maryland Dept of Transportation19••••83Represented Md. Secretary of Transportation concerning Maryland Procurement Law including defense against contract claims arising out of public works contracts.
EDUCATION
Miami University
Luxembourg campus
SKILLS
ABOUT SCOTT LIVINGSTON
In my practice, I help contractors get fair treatment when doing–or trying to do—business with the State of Maryland, local and municipal state agencies. I specialize in representing parties in bid protests over the award of contracts from the State of Maryland.In 30+ years of focused service, I have represented hundreds of clients in bid protests over procurements totaling billions of dollars. In some cases, I represent the apparent awardee and collaborate with the Assistant Attorney General to defend the agency’s wise decision to award the contract to my client. In other cases, I represent the protestor, who complains that the agency selected the wrong contractor. The result is I am familiar with looking at situations from both sides. I have handled more bid protests involving Maryland procurements than any other Maryland attorney in private practice. I regularly represent clients on bid protest appeals before the Maryland State Board of Contract Appeals (MSBCA), circuit court and the Maryland Board of Public Works (Governor, State Treasurer and Comptroller). While serving as an Assistant Attorney General for Maryland, I had a hand in drafting state procurement laws. I was also principal author of Maryland Department of Transportation’s Minority Business Enterprise (MBE) Program. Areas of specific focus include:* Pre-proposal advice for vendors new to Maryland procurement practices* Bid protests at the agency level and appeals to MSBCA * Contract claims* Master contracting for information technology task orders* MBE compliance* Public/Private partnershipsSince the mid-1990s, I have published a free monthly newsletter—Maryland Procurement ALERT—to help the contracting industry up to date about ever-changing procurement laws. In the early 1980s, I served as an adjunct instructor at Johns Hopkins University, teaching courses such as Business in the Legal Environment and Contract Law for Executives. In the ‘70s, the National Endowment for Humanities granted me a fellowship on Justice and the Rule of Law.
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