Bids

News & Analysis as of

How Construction Contracts are Made. Hint: It’s a Bit Like Making Sausage

Construction can be a messy affair. In a sense, that’s to be expected when you’re building a complex structure, involving the coordination of several parties and numerous persons, in the natural environment and in the...more

Poder discrecional en las adquisiciones: La GAO falla a favor del gobierno

La Oficina de Fiscalización del Gobierno (Government Accountability Office, GAO) emitió una decisión que podría ser utilizada por las agencias gubernamentales para apoyar las Solicitudes de propuestas (Request for Proposal,...more

BREAKING: FAR Council Publishes Final Rule On Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order

Today, the Federal Acquisition Regulation Council (“FAR Council”) published the final rule regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the “blacklisting” rule.  ...more

Successful procurement challenge against the Nuclear Decommissioning Authority

On 29 July the High Court handed down its judgment in the high-profile Energy Solutions (ES) v Nuclear Decommissioning Authority (NDA) case.  The case concerned the competition to become the “Parent Body Organisation” (PBO)...more

FERC Requires New England Generators to Reveal How Bids Formulated

On August 8, 2016, the Federal Energy Regulatory Commission (FERC) issued its order on remand from the D.C. Circuit on FERC’s approval of ISO New England’s (ISO-NE) 2013-14 winter reliability program, results, and rates....more

Discretion in Procurement: The GAO Finds for the Government

The Government Accountability Office (“GAO”) issued a decision that could be used by government agencies to support “all encompassing” RFPs, or RFPs that require one bidder to provide several products and services even if, in...more

California Court Limits Recovery for General Contractors Relying on Subcontractor Bids

The court’s decision allows subcontractors to place unforgiving terms in their bids and gives them an ultimate out if general contractors do not agree to those terms. General contractors should pay attention to a...more

Municipal Advisor, School Consultant, and Associated Individuals Enter Settlement Offers with SEC after First-of-Its-Kind...

On June 13, 2016, the Securities and Exchange Commission (SEC) accepted the settlement offers made by two firms and three executives charged with using deceptive business practices in dealing with five school districts. As...more

Call to Bid Issued for Mexico's Second Long-Term Power Auction

Mexico's National Center for Energy Control (CENACE) on April 29, 2016, published its call to bid for the second long-term power auction in Mexico, seeking to award power purchase agreements (PPAs) of 15 to 20 years,...more

Significant Developments in Canadian Energy – For the month of April 2016

Conventional - April 21, 2016 – The Alberta government announced the technical formulas that will be used to calculate royalties and payout cost allowances on oil, natural gas, propane and butane starting in 2017....more

Canada's east coast (Newfoundland and Labrador) oil and gas update

Call for bids - On April 7, 2016, the Canada-Newfoundland and Labrador Offshore Petroleum Board announced two Calls for Bids for 2016 (the 2016 Bid Round). Call for Bids NL16-CFB01 comprises 13 parcels and a total of...more

When Joint Bidding Is Not Bid Rigging

Last week we discussed the pitfalls of joint bidding for oil and gas properties. We didn’t say you can’t do it. It’s like domestic life: There are ways you can tell your beloved that dress makes her look  …, well, never mind....more

DEWA releases RfP for 800MW solar IPP

The Dubai Electricity and Water Authority (DEWA) has invited pre-qualified bidders to submit proposals for Phase 3 of the Mohammed Bin Rashid Al-Maktoum Solar Park (the Solar Park Scheme). The Solar Park Scheme is central to...more

Back to the Future: Update on Cooperative Capital Markets Regulatory System’s Approach to Take-over Bids and Issuer Bids

Under the proposed cooperative capital markets regulatory system (Cooperative System), which would create a cooperative regulator involving the federal government and the governments of British Columbia, New Brunswick,...more

Regents’ Approval Authorizes UC Merced 2020 Project to Move Forward

The Regents of the University of California (the “Regents”) approved the commercial terms of the P3 agreement for the UC Merced 2020 Project (the “Project”) on Thursday, November 19, 2015 at the Regents meeting held in San...more

A Primer to Understanding Wrap-Up Insurance Programs

Whether you are a property owner, general contractor, or subcontractor, understanding wrap-up insurance programs—when to consider one, what they insure, and how they affect the project—is vital to a construction project’s...more

SEC and Hitachi Reach FCPA Settlement Over Corrupt Payments in South Africa

The U.S. Securities and Exchange Commission (SEC) recently announced a settlement with Hitachi, Ltd. over allegations that the company sold shares in a South African subsidiary to a front company for the African National...more

“BLACKLISTING” OR “BAD ACTOR” Executive Order 13673

Officially known as the “Fair Pay and Safe Workplaces” Executive Order, Executive Order 13673 now consists of proposed guidance from the Department of Labor (“DOL”) and proposed regulations from the Federal Acquisition...more

Three Ways to Avoid Bidding Pitfalls

When submitting a bid, contractors must take care to fulfill all pre-bid obligations to help the project run smoothly. What are the most important pre-bid actions to take? I was reminded of three critical points every...more

Pennsylvania and Maryland Active with P3 Transportation Projects

The Pennsylvania Department of Transportation (“PennDOT”) expects to award bids to develop compressed natural gas (“CNG”) refueling stations throughout the state by the end of 2015 as the agency and its counterpart in...more

Public Bid Rejected Based on Access to Inside Information

The Massachusetts Office of the Attorney General (“AGO”) this month denied a bid protest by a low bidder because it had access to “insider knowledge” about the University of Massachusetts building project through its...more

Limits on the Implied Duty of Good Faith and Fair Dealing

In Tug Hill Construction Inc., the Armed Services Board of Contract Appeals (“Board”) recognized the limits of the implied duty of good faith and fair dealing. In this case, the government entered into a firm, fixed-price...more

Results Announced for Mexico’s Round One First Tender

The historic tender for shallow water blocks in the Gulf of Mexico will allow for private and foreign investment in Mexican oil and gas for the first time in almost 80 years. On July 15, Mexico’s National Hydrocarbons...more

Southern California Edison Seeking Rooftop Solar Projects

As part of its Solar Photovoltaic Program (SPVP) for Independent Power Producers, Southern California Edison (SCE) recently issued a request for offers (RFO) seeking up to 27 MW of independently-generated solar photovoltaic...more

Reminder: Minnesota Legislature Tweaks on Responsible Contractor Act Take Effect 7/1/2015

The Minnesota legislature recently passed a bill amending Minnesota’s Responsible Contractor Act. Going into the session, contractor lobbyists knew they could not expect of the law to be repealed. Their goal was to reduce...more

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