Government contracting

Governs IP rights in federally funded research. Allows grant and contract recipients to retain patent rights to inventions. Government retains a royalty-free license and march-in rights. Critical for any tech company receiving federal R&D funding or SBIR/STTR grants.

DoD-specific cybersecurity certification requirement for defense contractors and subcontractors. Effective November 2025. Three levels — Level 1 (basic), Level 2 (advanced, requires third-party assessment for most), Level 3 (expert). Any company in the defense industrial base — including software vendors, IT service providers, and cloud providers touching DoD systems — must understand which CMMC level applies. Non-compliance means losing DoD contracts.

DoD-specific supplement to the FAR. Contains stricter requirements on technical data rights, software rights, and cybersecurity (CMMC). CMMC program effective November 2025 requires third-party cybersecurity certifications for DoD contractors.

Requires federal agencies to make government information and services available online. Sets baseline requirements for federal digital services and online records.

The primary body of rules governing all federal government procurement. Applies to all executive branch agencies. Micro-purchase threshold: $15,000. Simplified acquisition threshold: $350,000. Formal competition required above $350,000.

Governs advisory committees that advise federal agencies — including many AI and technology advisory panels. Requires public notice and open meetings for most advisory committee sessions.

A government-wide program establishing security assessment standards for cloud services used by federal agencies. Not a law but effectively mandatory if you want to sell cloud services to the federal government. Authorization is expensive and time-consuming but creates a significant competitive moat — relatively few cloud providers have full authorization. Managed by GSA. Authorization levels: Low, Moderate, High corresponding to sensitivity of data processed.

Gives any person the right to request access to federal agency records. Heavily used by businesses, law firms, and lawyers to obtain government data about competitors, regulatory proceedings, enforcement actions, and agency decision-making. Official portal: foia.gov.

Pre-competed vehicle contracts allowing federal agencies to purchase commercial goods and services without individual competitive procurements. Being on a GSA Schedule significantly lowers the procurement barrier for vendors.

Requires multi-member federal agencies to conduct meetings open to the public. Applies to agencies like the FTC, FCC, SEC, and similar collegial bodies. Relevant for monitoring regulatory rulemaking and enforcement policy decisions.

Governs federal agency collection, maintenance, use, and dissemination of personal information. Applies to information the government holds about individuals — relevant to tech companies whose products interact with federal agencies or whose data may be in government systems.

Small Business Innovation Research and Small Business Technology Transfer programs provide federal R&D funding to small businesses across 11 agencies. Awardees generally retain IP rights under Bayh-Dole principles. A major entry point for tech companies seeking federal contracts.

Requires federal agencies to make their electronic and information technology accessible to people with disabilities. Directly applicable to any tech company selling to the federal government — your product must meet Section 508 standards or you cannot win federal contracts. Standards align with WCAG 2.1 AA for web content. Enforced through the Access Board and federal procurement requirements.

Promotes technology transfer from federal laboratories to the private sector. Relevant for tech companies seeking to license federally developed technology or partner with federal labs.

FAR contract clauses governing government rights in technical data and computer software. Determines whether the government receives unlimited, limited, or government-purpose rights. Negotiating these clauses is one of the most consequential IP decisions when entering government contracting.

Two-track system: State Procurement Code governs state agencies, Competitive Bid Law governs local government. Local contracts above $15,000 require sealed competitive bids. State small purchase threshold is $25,000.

Alabama's public records statute entitles every citizen to inspect and copy public writings of the state, subject to a limited set of statutory exemptions.

Follows ABA Model Procurement Code. Geographic realities create unique considerations — transportation costs and remote delivery recognized in regulations. Online vendor registration via AlaskaSE.

Alaska's Public Records Act gives any person the right to inspect, review, and copy public records of state and local agencies during regular office hours, with narrow exemptions.

Centrally administered by State Procurement Office. Simplified procedures up to $100,000; formal competitive solicitation above that. Revised in April 2025 for public-private partnerships. Active NASPO ValuePoint participant.

Arizona's public records law presumes all records of public bodies are open for inspection, placing the burden on the custodian to justify any denial or redaction.

Arkansas's FOIA gives citizens broad access to public records and meetings and is among the more liberal open-government statutes in the country.

Modernized 2019, closely follows ABA Model Procurement Code. Mandatory procurement training for all state purchasing employees. Formal competitive bidding above $75,000. Vendor registration via ArkansasBid.com.

Applies to all local legislative bodies; strict requirements for public notice and open meetings.

One of the most complex state procurement systems. Department of General Services is central purchasing authority. Strong small business and DVBE preferences. Active regulations on environmentally preferable purchasing and social equity.

California's Public Records Act creates a presumption of access to records held by state and local agencies and sets timelines for agency response to requests.

Colorado's Open Records Act (CORA) provides public access to most records held by state and local government entities, with enumerated exemptions for personnel and investigative files.

Hybrid centralized/decentralized model. Small purchase threshold $150,000; formal competition above $150,000 for goods/services, $500,000 for IT. Sustainability and social value requirements in procurement.

Connecticut's FOIA is administered by the state FOI Commission and provides a strong right of access to government records along with an administrative appeal process.

DAS maintains statewide contracts; agencies required to use them when available. Formal competitive bidding above $50,000. Strong small business set-aside and CT supplier preference policies. NASPO ValuePoint participant.

Delaware's FOIA gives citizens of the state the right to inspect public records and attend public meetings of state and local bodies.

Centralized through OMB. Formal competitive bidding above $50,000 for goods, $100,000 for services. Strong in-state preference policy. Participates in several cooperative purchasing programs.

One of the broadest state open meetings laws; applies to any meeting of two or more government officials discussing public business.

One of the most active state procurement systems. Formal competitive solicitation above $35,000 (Category Two). MyFloridaMarketPlace online procurement required for state agencies. Significant small and minority business programs. NASPO ValuePoint participant.

Florida's constitutionally enshrined public records law is among the broadest in the country, covering virtually all records made or received by state and local agencies.

Georgia's Open Records Act provides public access to records of state and local government agencies, with response deadlines and a fee schedule for copies.

Centralized State Purchasing Division with statewide contracts. Formal competitive bidding above $100,000. Active small business and veteran-owned business preferences. TeamWorks procurement platform.

One of the most comprehensive state codes, modeled on ABA Model Procurement Code. Formal competitive bidding above $25,000 for goods, $50,000 for services. Geographic isolation creates unique shipping and vendor availability considerations. Active Hawaii business preferences.

Hawaii's UIPA governs access to state and county government records and is administered by the Office of Information Practices.

Lean centralized system. Small purchase threshold $50,000; formal competitive bidding above that. Participates in NASPO ValuePoint. Online vendor registration via Idaho VendorNet.

Idaho's Public Records Act presumes records are open and sets a three-working-day deadline for agencies to respond to most requests.

Illinois's FOIA requires public bodies to respond to records requests within five business days and creates a Public Access Counselor to resolve disputes.

Requires public bodies to hold meetings openly and provide public notice.

Comprehensive independently developed code, not ABA Model-based. Illinois Procurement Bulletin is official publication for notices. Formal competitive selection above $100,000. Significant small business, veteran-owned, and MBE programs. Robust procurement ethics requirements.

Indiana's Access to Public Records Act (APRA) guarantees access to records of public agencies, enforced in part by the Public Access Counselor.

Tiered small purchase system — simplified procedures below $150,000 for goods, $200,000 for services. Formal competitive solicitation above those thresholds. Automated Vendor Service (AVS) for registration. NASPO ValuePoint participant.

Iowa's Open Records Law creates a presumption that every person shall have the right to examine and copy a public record of a government body.

Centralized through DAS. Formal competitive bidding above $50,000. Strong Iowa-based business preference. Emphasizes value analysis and total cost of ownership. NASPO ValuePoint participant.

Kansas's Open Records Act (KORA) governs public access to records held by state and local agencies, with enforcement through the Attorney General and the courts.

Formal competitive sealed bidding above $50,000; sealed bids with 3 days notice between $25,000–$50,000. Active cooperative purchasing through NASPO ValuePoint.

Adopted ABA Model Procurement Code. Small purchase threshold $40,000; formal competitive solicitation above that. Strong ethical requirements and active debarment procedures. NASPO ValuePoint participant.

Kentucky's Open Records Act requires prompt access to public records and provides for appeals to the Attorney General when access is denied.

Comprehensive code. Formal competitive bidding above $30,000 for goods, $250,000 for services. Strong compliance requirements from past federal oversight. Vendor registration through Louisiana Vendor Portal required.

Louisiana's Public Records Law is rooted in the state constitution and creates a broad right of access to records of public bodies.

Maine's Freedom of Access Act (FOAA) establishes a right of access to public records and proceedings of state and local government bodies.

Streamlined system. Formal competitive bidding above $50,000. Preference for Maine products and businesses. Participates in NASPO ValuePoint.

Board of Public Works (Governor, Comptroller, Treasurer) approves major contracts. Formal competitive sealed bidding above $50,000 for goods, $100,000 for services. Active MBE programs with specific participation goals. eMaryland Marketplace Advantage (eMMA) is official portal.

Maryland's Public Information Act gives the public a broad right to inspect records of state and local government, with enforcement by the Public Information Act Compliance Board.

Massachusetts's Public Records Law was substantially reformed in 2016 to strengthen access, impose response deadlines, and allow recovery of attorneys' fees.

Two frameworks: Ch. 7C for state agencies, Ch. 30B for local governments. Ch. 30B formal competitive bidding above $50,000 for goods/services, $100,000 for construction. COMMBUYS procurement portal. OSD maintains statewide contracts.

Michigan's FOIA provides public access to records of state and local public bodies (notably excluding the governor's office and legislature).

Managed by DTMB. Formal competitive bidding above $50,000 for goods and IT. Active small business and veteran-owned business programs. SIGMA Vendor Self Service portal for registration.

Minnesota's Government Data Practices Act classifies all government data as public unless specifically classified otherwise by law, and regulates collection, use, and disclosure.

Well-organized central system through Materials Management Division. Formal competitive bidding above $100,000. Strong small business and targeted group business (TGB) requirements. eSupplier portal for registration. Active NASPO ValuePoint participant.

Centralized through Office of Purchasing. Formal competitive bidding above $50,000 for goods, $100,000 for services. Strong in-state bidder preference. Mississippi Procurement Portal (PTR system). NASPO ValuePoint participant.

Mississippi's Public Records Act establishes a presumption of openness for records of public bodies in the state.

Formal competitive sealed bidding above $25,000; competitive quotes from 3+ vendors between $5,000–$25,000. Missouri Vendor Services portal. Active cooperative purchasing and NASPO ValuePoint participant.

Missouri's Sunshine Law governs both open meetings and open records and is enforced by the Attorney General's Office.

Montana's constitutional right-to-know provision and implementing statutes create one of the nation's strongest public access regimes.

Small purchase threshold $25,000; formal competitive bidding above $50,000. Specific provisions for emergency procurement given rural nature. Montana Vendor Express system for registration.

Nebraska's public records statutes give citizens a right of free examination of records of state and local government bodies.

Materiel Division maintains statewide contracts. Formal competitive bidding above $50,000. Nebraska Business Registered Enterprise program for in-state vendors. NASPO ValuePoint participant.

Nevada's Public Records Act is construed liberally in favor of disclosure and places the burden on the government agency to justify withholding.

Small purchase threshold $100,000; formal competitive solicitation above that. Active small business programs and Nevada-based preferences. NevadaEPro portal. NASPO ValuePoint participant.

Streamlined framework. Formal competitive bidding above $25,000. Leader in leveraging cooperative contracts from NASPO ValuePoint.

New Hampshire's Right-to-Know Law protects public access to governmental records and proceedings under Chapter 91-A of the Revised Statutes.

New Jersey's Open Public Records Act (OPRA) provides access to government records and creates the Government Records Council to mediate disputes.

Significant centralization through Division of Purchase and Property. Formal competitive bidding above $44,000 (adjusted periodically). Strong set-asides for small, veteran-owned, and MWBE businesses. NJSTART eProcurement system. Local procurement separately governed by Local Public Contracts Law.

New Mexico's IPRA guarantees the right of every person to inspect public records of state and local government, with narrow exceptions.

Comprehensive code. Small purchase threshold $60,000; formal competitive solicitation above that. Strong small business and resident business preferences. Significant requirements around protecting Native American businesses and tribal sovereign interests.

New York's FOIL creates a broad right of access to records of state and local government agencies and establishes the Committee on Open Government to guide compliance.

Requires meetings of public bodies to be open to the general public.

One of the most complex state systems. OGS maintains extensive statewide contracts; agencies required to use them. Formal competitive bidding above $50,000. Highly developed MWBE programs with specific participation requirements. NY eMarketplace platform. Local procurement follows General Municipal Law.

Division of Purchase and Contract manages state procurement. Formal competitive bidding above $90,000 for goods, $300,000 for services. Significant NC HUB (Historically Underutilized Business) requirements. Interactive Purchasing System (IPS) for opportunities.

North Carolina's Public Records Law broadly defines public records as those made or received in connection with public business and provides for judicial enforcement.

North Dakota's open records statute is embedded in the state constitution and broadly presumes access to records of public entities.

Streamlined system. Small purchase threshold $25,000; formal competitive bidding above $50,000. Strong preference for ND-based businesses. ND Buylines system for registration. NASPO ValuePoint participant.

One of the larger and more sophisticated state systems. State Term Schedule covers extensive pre-competed contracts. Formal competitive bidding above $50,000 for goods, $25,000 for services. Strong small and minority business programs. Ohio Vendor Services portal.

Ohio's Public Records Act requires public offices to promptly prepare and make records available for inspection at all reasonable times during regular business hours.

Small purchase threshold $50,000; formal competitive sealed bidding above that. Active small business and disadvantaged business programs. iSupplier portal for vendor registration. NASPO ValuePoint participant.

Oklahoma's Open Records Act gives the people the right to know and be fully informed about their government and provides access to public records.

Sophisticated three-chapter framework: 279A (general/ethics), 279B (goods/services), 279C (public improvements). Formal competitive sealed bidding above $150,000. Significant small business and MWBE programs. ORPIN for vendor registration.

Oregon's Public Records Law provides a right of access to public records, with the Attorney General and Public Records Advocate playing oversight roles.

Comprehensive code with strong transparency requirements. Formal competitive sealed bidding above $10,500 for commodities, $35,700 for services (indexed). Significant small diverse business (SDB) participation requirements. PA eMarketplace. Sunset Act creates periodic contract review requirements.

Pennsylvania's Right-to-Know Law, substantially strengthened in 2008, created the Office of Open Records to hear appeals and promote transparency.

Rhode Island's APRA provides public access to records of state and municipal bodies, enforced by the Attorney General and through judicial review.

Small purchase threshold $10,000; formal competitive bidding above $50,000. Strong RI-based business preferences. RI Contract Portal for opportunities. NASPO ValuePoint participant.

Applies to both state and local government — one of the more unified frameworks. Small purchase threshold $50,000; formal competitive solicitation above that. Robust small and minority business programs. SC Statewide Procurement System.

South Carolina's FOIA establishes a right of public access to records of state and local government bodies and sets response deadlines.

South Dakota's Open Records Law presumes records held by public bodies are open unless specifically closed by law.

Streamlined system. Small purchase threshold $25,000; formal competitive sealed bidding above $50,000. In-state preference policies. Intentionally simpler framework reflecting limited-government approach. NASPO ValuePoint participant.

Central Procurement Office manages state purchasing. Formal competitive sealed bidding above $50,000. Active small business, veteran-owned, and MBE programs. Edison procurement system. NASPO ValuePoint participant.

Tennessee's Public Records Act gives Tennessee citizens a right to inspect public records of state and local government entities.

Strong public notice requirements for government body meetings.

Texas's Public Information Act creates a strong presumption of access to government records and is enforced by the Attorney General through opinions, letter rulings, and litigation.

Utah's GRAMA balances the public's right of access to government records with privacy and confidentiality interests and creates the State Records Committee to hear appeals.

Comprehensive rewrite in 2012. Small purchase threshold $50,000; formal competitive solicitation above that. Strong Utah business preferences. JAGGAER procurement platform (UtahInterchange). NASPO ValuePoint participant.

Vermont's Public Records Act begins with a strong policy statement in favor of access and applies to records of state and municipal agencies.

Streamlined system. Formal competitive bidding above $25,000. Strong VT-based business preferences. Actively leverages cooperative purchasing given limited procurement staff.

Virginia's FOIA provides broad access to public records and meetings of state and local government bodies, with required response timelines.

One of the more detailed frameworks. Formal competitive sealed bidding above $100,000. Strong small, women-owned, and minority business programs. eVA electronic procurement system for state and many local agencies.

Washington's Public Records Act creates a strong right of access and has been construed by courts to favor disclosure in close cases.

Separate frameworks for state (RCW 39.26) and local (RCW 39.04) agencies. Formal competitive solicitation above $150,000. Strong small and minority business programs. WA Procurement Portal for registration.

West Virginia's FOIA provides broad public access to records of state and local government bodies under Chapter 29B of the state code.

Small purchase threshold $25,000; formal competitive sealed bidding above $50,000. In-state preference policies. WV Vendor Self Service portal. NASPO ValuePoint participant.

Wisconsin's Open Records Law creates a strong presumption of complete public access to records of governmental bodies in the state.

Statewide contracts available to agencies and municipalities. Formal competitive bidding above $50,000. Active WI-based and historically underutilized business programs. VendorNet system for registration. NASPO ValuePoint and Midwestern Higher Ed Compact participant.

Wyoming's Public Records Act gives every person the right to inspect public records during business hours, subject to enumerated exemptions.

Lean system. Formal competitive sealed bidding above $75,000. Actively leverages NASPO ValuePoint — valuable given small procurement staff. In-state preference policies.