Procurement professionals and attorneys each bring essential expertise to state contracting. The best results happen when both sides know how to work together. Each department operates with its own focus, pace, and priorities, which can sometimes make collaboration challenging. However, the key to making it work is understanding the role the legal team plays in the process, and how that role supports the overall procurement process.

During the 2025 NASPO REACH conference, the session focused on strengthening that connection by helping procurement and legal teams communicate more effectively, understand roles and responsibilities throughout the procurement life cycle, and collaborate in ways that reduce risk and deliver better results for their state.

Understanding the Role of Attorneys in Procurement

In state government, attorneys supporting procurement may work within the agency or as part of the attorney general’s office. Their primary responsibility is to protect the state’s interests by ensuring compliance with statutes, procurement codes, regulations, and agency policies. On any given day, procurement attorneys might be:

• Drafting, reviewing, and redlining contracts
• Negotiating contract terms
• Researching legal issues and tracking legislation
• Advising stakeholders on compliance and risk
• Participating in continuing legal education to stay current

From an attorney’s perspective, each task requires balancing legal requirements with the procurement process, which can be like a complex puzzle with many moving pieces. Legal teams aren’t just looking for potential problems; they’re working to ensure the process is equitable, compliant, and aligned with the state’s goals and policies.

The better both sides understand each other’s work and priorities, the easier it becomes to collaborate at the right time to prevent issues before they arise.

How Legal Supports Every Phase of Procurement

Understanding how attorneys contribute throughout the procurement life cycle helps teams collaborate more effectively. Legal input is valuable throughout multiple stages:

• Planning Stage: The most successful procurements begin with legal input during the planning stage. Attorneys can identify potential pitfalls with the type of procurement being considered. This early involvement helps reduce the potential for protests by ensuring the selected procurement method aligns with the state’s legal requirements and goals. When attorneys review scopes of work and other solicitation documents at this stage, it significantly reduces time on the back end since these documents often end up in the contract.
• Negotiation and Award: Many procurement teams involve attorneys in the process during negotiations. However, this shouldn’t be your first contact with them. Organizations that involve attorneys earlier see better results throughout the process by avoiding mistakes that can lead to protests or longer procurement processes. Their involvement ensures the correct contract language is in place to provide a smooth transition from supplier to supplier.
• Contract Management: Legal support doesn’t end at contract award. Throughout the contract administration phase, attorneys can help troubleshoot contract management concerns before they become significant problems. Their continued involvement ensures the state’s interests remain protected throughout the relationship.

Business Decisions vs. Legal Decisions: Knowing the Difference

One of the most common challenges in procurement is knowing when a decision belongs to procurement, when it belongs to legal, and when it requires both perspectives. A clear distinction between these decisions can help each team focus on its separate priorities and prevent slowdowns.

Legal decisions start with a straightforward question: Can we do this? Attorneys approach procurement with guidance from laws, regulations, policies, and statutes, ensuring every action is legally sound.

In business decisions, ask: Should we do this? Procurement professionals focus on efficiency, effectiveness, and value. They assess operational needs, budgets, and strategic goals, considering various options and trade-offs. This includes understanding market dynamics, managing supplier relationships, and ensuring the best value for the public.

Attorneys Are People, too!

Don’t be afraid to ask questions. Invite attorneys to explain their reasoning and share your own perspective in return. It’s essential to know your agency’s policies on contacting attorneys, so that you can engage them at the right moments. When appropriate, reach out and make time to build rapport with your legal team.

Finally, don’t wait for a crisis to start the conversation. A strong working relationship should begin long before an issue arises. The more you connect outside of urgent legal matters, the easier it is to collaborate when there is a challenge.

Additional Resources

• NASPO Content Library
• The Repository of State Practices: Procurement Counsel
• NASPO Legal Research Toolkit
• Streamlining State Procurement: Insights from the NASPO State and Supplier Attorney Roundtable
• NASPO Legal Education YouTube