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ARTICLE · 26 JANUARY 2026

Government Bid Protests In Nebraska

Kutak Rock LLP
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In a competitive procurement, agencies in Nebraska must follow certain rules and procedures designed to ensure fair competition in a competitive procurement process. If a procuring agency fails to adhere to competitive...

United StatesGovernment, Public Sector
Thomas J. Kenny
Thomas J. Kenny
Edward M. Fox II
Edward M. Fox II
Rachel A. Carrigan
Rachel A. Carrigan

In a competitive procurement, agencies in Nebraska must follow certain rules and procedures designed to ensure fair competition in a competitive procurement process. If a procuring agency fails to adhere to competitive bidding and related principles, resulting in unfair competition in the bidding process, a disappointed bidder may challenge the award decision through a process commonly referred to as a bid protest. Summarized below are key features of Nebraska's competitive bidding and protest procedures.

A. Materiel Division

By statute, the Nebraska Department of Administrative Services (DAS) operates a Materiel Division ("Division") tasked with overseeing procurements by the State of Nebraska and its agencies. Neb. Rev. Stat. §§ 81-152, 153. The Division is required to implement rules and regulations governing procurements. Neb. Rev. Stat. § 81-153. The Division is comprised of seven branches with varying duties, powers and responsibilities, including the State

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