News & Analysis as of

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

DTE Energy Issues 5-50 MW RFP

DTE Energy (DTE) announced recently that it has issued a request for proposal (RFP) for the construction of a 5-50 MW solar generating facility. While DTE is seeking proposals for projects in the city of Detroit as well...more

IT Project Disputes Management - Managing the Cloudy Skies

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

Cancelled Solicitation: What Can A Government Contractor Do?

Proposal preparation can be a difficult and expensive process. On top of the normal challenges of spending thousands of dollars preparing what a contractor hopes is a successful proposal, they also face the risk of an agency...more

Good News for Offerors who Provide Unique Low-cost Solutions to the Government

The author and playwright Clare Boothe Luce, known for her feline wit, is famously supposed to have said “No good deed goes unpunished.” While that remark may have had validity that in the 1930s New York café society, it...more

North Carolina Gearing Up for Major Road Improvement Projects

Few things shout “economic development” louder than substantial road improvement projects. For Division 9 of the North Carolina Department of Transportation (“NCDOT”), many more developments are underway. The Winston-Salem...more

Ober|Kaler's Construction Group Helps Client Win Bid Protest in Connecticut and Secure $153,000,000 Public Works Contract

Joseph C. Kovars and Jackson B. Boyd of Ober|Kaler's Construction Group recently helped a client win a bid protest in Connecticut and secure a contract worth over $153,000,000 to improve and expand a water pollution control...more

Foreclosures: Beware Unexpected Violations

Field v. Bank of America, N.A. (In re Gibbs), 522 B.R. 282 (Bankr. D. Hawaii 2014) – A bankruptcy trustee sued a mortgage lender to recover for defects in a prepetition non-judicial foreclosure sale. The lender brought a...more

Government suppliers face tighter anti-corruption, IP compliance in EU

As the European national governments implement the new EU Public Procurement Directive, government suppliers face tighter restrictions on bribery and other corruption activities and potentially even IP infringements going...more

Amicalola EMC Prevails in Dispute over Chattahoochee Technical College

After a decision in favor of Amicalola EMC under the large-load (900kW) exception of the Georgia Territorial Act, Georgia Power Company has agreed to relinquish the disputed building to Amicalola EMC to serve. ...more

Does the 72-Hour Rule Allow a Contractor in Maryland to Fix a Mistake in its MBE Participation Schedule After Bid Opening?

A recent Maryland Board of Public Works meeting addressed whether the state has flexibility in applying minority business enterprise (MBE) regulatory requirements in State contracts....more

Government Contractors - Make Sure You Know the Pre-Opening Bid Modification and Withdrawal Rules in the Jurisdictions Where You...

The competitive bidding process for government contracts often requires contractors to submit detailed bids under tight, pressure-packed deadlines. While contractors may check their bids meticulously before submitting them,...more

Q&A Series: Timing of Bid Rounds in Mexico

What’s the next step in the Mexico bid rounds process? JKA: Five sectors have been designated for bidding in Round One; Shallow Water; Heavy Oil; Unconventionals, including natural gas; Onshore and Deepwater. To begin,...more

Louisiana Public Bid Law Update: Two Big Wins in the Louisiana First Circuit for Unsuccessful Bidders Disputing Public Bid Awards

Last month, the Louisiana First Circuit Court of Appeal issued two decisions in favor of unsuccessful bidders on public projects. In Phylway Const., LLC v. Terrebonne Parish Consol. Government, 2013-1589 (La. App. 1...more

Government Contracting and Procurement Update: Public Access to Trade Secrets in Proposals and Bid Documents in Maine

Those doing business with the State of Maine need to know their way around public records laws. What is the risk that sensitive business information included within a bid response to a request for proposal (RFP) may become...more

New Jersey Supreme Court affirms award of bid that deviates from proposal

The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal. Matthew J....more

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