Bids

News & Analysis as of

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

Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?

A major development and infrastructure project is announced that will provide significant work to a construction manager, general contractor (“GC”), and many subcontractors (“Sub”) across the building trades. The architect...more

Out of State . . . Out of Mind?: Ensuring that Local and Out-of-State Construction Companies Play by the Same Rules

The construction industry is all too familiar with its perception as a means by which individual and corporate citizens alike may experience economic opportunity. Whether at the federal, state or municipal level, set-aside...more

Estimates vs. Bids: Determining Insurer Obligation

The typical property insurance claim begins with notification of a loss from the insured or its broker. Thereafter, the carrier sends out an adjuster to investigate the loss and determine whether, and to what extent, coverage...more

Your Proposal May Be Accessible to Your Competitors: Safeguard Trade Secrets in Government Procurement

Businesses submitting bids, responses to requests for qualifications, and proposals to state and local agencies must remember that generally their submissions are subject to disclosure under the Public Records Act (PRA). The...more

Service Contractor's Bid Protest Blocked by Lack of LEED Experience

The lack of LEED experience cost an incumbent service contractor the ability to protest the award of a federal contract to its rival, according to an opinion released on April 22, 2014 by the United States Court of Federal...more

Changes to French takeover rules

A new French law, the “Law to recapture the real economy” (“Loi visant à reconquérir l’économie réelle” or “Loi Florange”) (the Law), was made on 1 April 2014. The Law makes good a promise, made by François Hollande in...more

And the Bidding Starts At . . .? The Impact of Two Recent Bankruptcy Decisions On Determining Foreclosure Sale Bids

In today’s economy, banks all too commonly find themselves foreclosing on real property collateral. As a result, banks are regularly in the position of having to determine the starting bid in foreclosure proceedings. This...more

Just When Secured Creditors Thought it Was Safe to Credit Bid Again . . . .

The ability of a secured creditor to credit bid at a bankruptcy sale was recently called into question (again) in a January 17, 2014 decision by Bankruptcy Judge Kevin Gross in the In re Fisker Automotive Holdings, Inc....more

Recent Decision Caps Secured Creditor’s Credit Bid in §363 Sale to Purchase Price of Acquired Debt

It is well-settled that secured creditors are ordinarily entitled to credit bid their allowed secured claim in a sale pursuant to § 363 of the Bankruptcy Code (the “Code”). In Radlax Gateway Hotel, LLC v. Amalgamated Bank,...more

Pending Legislation in Maryland Could Eliminate Bid Protest Appeals

On February 24, a bill was introduced in the Maryland House of Delegates which, if passed, will require a bid protester of a state contract to pay to the state up to 5% of the value of the contract on which it protested, if...more

Recent Appellate Court Opinion Discusses Legal Challenges To The Debarment Of Contractors By Public Bodies

Public bodies must adhere to the principles of procedural due process when debarring a contractor from bidding on its projects. But even when a public body provides due process, it may be subject to litigation....more

Assembly Bill 44 Requires Submission of Subcontractors' License Numbers in Public Construction Bids

Public Agencies Must Modify Bid Forms to Require Subcontractor License Number - Governor Jerry Brown last week signed into law Assembly Bill 44 (AB 44), which amends Public Contract Code section 4104 to require a prime...more

The Subletting and Subcontracting Fair Practices Act. Bargain Hunters Beware

Construction is back! But downward price pressures continue. And, if you work on California public works projects, you know that shopping for that lowest price has its limitations....more

New Jersey Appellate Division Again Upholds Local Government’s Rejection of Lowest Bid

In our June 3, 2013 blog post, we discussed a decision of the New Jersey Appellate Division upholding a municipality’s rejection of the lowest bid for a waste hauling contract because it was determined to be a material,...more

Amendments to Japanese Insider Trading Regulations Which Broaden the Scope of Application to Tippers and Tender Offer Bids

On June 12 2013, a bill (the “Amendment Bill”) to amend the Financial Instruments and Exchange Act (FIEA was passed at the Diet session and promulgated as of June 19 2013....more

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