News & Analysis as of

Competitive Bidding

NYSERDA and NY Power Authority Seek to Fund Proposals for New Clean Energy Projects: First Round Submissions Due July 13th

On June 2nd, the New York State Energy Research and Development Authority (NYSERDA) and the New York Power Authority (NYPA) issued record requests for proposals from qualified developers to build renewable energy projects...more

EU & Competition Law Update – June 2017

by Bryan Cave on

Hope for a Cleaner Brexit After ECJ Ruling - In a ruling which is likely to have positive implications for a possible Brexit deal, the European Court of Justice (ECJ) on 16 May 2017 opened up the ability of the EU...more

New England regional renewables procurement

by PretiFlaherty on

As states enact and pursue energy policy goals such as sourcing power from solar, offshore wind, or other "clean energy" resources, here's a quick look at some of the regional renewable procurement activity ongoing in New...more

The Suspense is Killing Me! What Big Labor Bills Will Make it Off the Suspense File?

by Fisher Phillips on

In the California Legislature, bills first are referred to the appropriate policy committee for hearing. Labor bills are referred to the Labor Committee, crime bills are referred to the Public Safety Committee, health bills...more

Procurement Pulse - May 2017

by DLA Piper on

Some interesting new developments in procurement law this month. Whilst the case has now been settled and is the subject of an independent enquiry, we report on the Supreme Court's final ruling on the Energy Solutions case,...more

CMS Retroactively Revises DMEPOS Fee Schedule to Implement Cures Act

by Reed Smith on

CMS has announced revised Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) fee schedule amounts for the period of July through December 2016, as required by the 21st Century Cures Act. By way...more

Pa.L.C.B. Announces Third Restaurant Liquor License Auction Under Act 39 of 2016

The Pennsylvania Liquor Control Board has announced the third restaurant liquor license auction, which is permitted under Act 39 of 2016. These auctions are for “zombie licenses” that have been expired and in possession of...more

Massachusetts Electric Companies and DOER Propose RFP for Offshore Wind Clean Energy Projects

by Pierce Atwood LLP on

On April 28, 2017, the Massachusetts investor-owned electric distribution companies (Distribution Companies), in coordination with the Massachusetts Department of Energy Resources (DOER) (together, the Soliciting Parties),...more

Supreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for Intentional...

by Pepper Hamilton LLP on

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2017 Cal. LEXIS 1024 (Cal. February 16, 2017) - This tort lawsuit relates to a dispute over the bidding process on several public works contracts in...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

Procurement Pulse - April 2017

by DLA Piper on

Breach of the procurement rules raises the difficult dilemma of providing sufficient information to disaffected bidders to ensure that the playing field is as level as possible in terms of the information they have available...more

Pennsylvania Zombie Liquor License Auction: Keys to Making a Successful Bid

The Pa.L.C.B. recently completed the second phase of the zombie liquor license auction, which was established under Act 39 of 2016 and discussed in previous blog posts. The second phase, like the first, saw a great price...more

The Renewable Electricity Program: the AESO releases the Request for Expressions of Interest and proposed support agreement terms

by Dentons on

On March 31, 2017, the Alberta Electric System Operator (AESO) issued a Request for Expressions of Interest (REOI) to initiate the first competitive procurement process as part of the Renewable Electricity Program (REP)....more

Superior Court Rejects Disappointed Bidder’s Claim

by PretiFlaherty on

Whether required by state law or by local ordinance or practice, municipalities often use the competitive bidding process to purchase property, equipment and most types of services. In the recent case of Design...more

Protecting Information in the Competitive Bidding

by Gray Reed & McGraw on

Growth in the DFW metroplex is booming, and the City of Flourish is one of the driving forces. Unfortunately, the City has had a difficult time keeping up its infrastructure with the growing population. Recently the City...more

FCC Finalizes Weighting Criteria for Evaluating Provider Bids in CAF Phase II Auction

by Davis Wright Tremaine LLP on

On March 2, the FCC released an Order finalizing the competitive bidding framework for the Connect America Fund (CAF) Phase II auction. Under the Phase II auction the FCC will distribute nearly two billion dollars to...more

California Supreme Court Rejects Claim by Second-Lowest Bidders on Public Works Contracts that Low Bidder Interfered with a...

by Nossaman LLP on

The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible...more

Amendments to Japan's Renewable Energy Act

by Jones Day on

On April 1, 2017, substantial portions of the Amendments ("Amendments") to The Act on Special Measures Concerning the Procurement of Renewable Energy by Operators of Electric Utilities (the "Act") will become effective. These...more

Federal Court in Oklahoma Rules that Bond Issued on a Sovereign Tribal Construction Project is Not a Miller Act Bond Even Though...

by Pepper Hamilton LLP on

United States ex rel. J.A. Manning Constr. Co. v. Bronze Oak, 2017 U.S. Dist. LEXIS 6054 (N.D. Okla. Jan. 17, 2017) - In May 2014 the Cherokee Nation issued a bid notice for bridge and roadway construction in Mayes...more

Cuts to Medicare DMEPOS Payment Based on Competitive Bidding Prices – Opportunity to Comment

by Reed Smith on

CMS is seeking input from stakeholders on how it should use data from the durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) competitive bidding program to adjust (cut) Medicare DMEPOS fee schedule...more

Procurement Pulse - March 2017

by DLA Piper on

This month's issue looks at some recent case law on evaluation methodologies, perhaps the highest risk area when it comes to running a procurement process. The Energy Solutions case (first reported in Procurement Pulse in...more

Public Information Act: Trade Secret Loophole Threatens Government Transparency

by Jackson Walker on

Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and...more

[Webinar] Past Performance Primer - March 2nd, 12:00pm Central Time

by Thompson Coburn LLP on

In selecting winning vendors, federal, state and local governments have typically looked at past contract performance information as part of their overall evaluation processes. Vendors that have a history of performing well...more

CMS’s Draft 2018 Call Letter: Minor Updates, but Largely a Continuation of Current Policies

Earlier this month, the Centers for Medicare & Medicaid Services (CMS) released its 2018 Medicare Advantage and Part D Advance Notice and Draft Call Letter (“Draft Call Letter”). For the majority of the letter’s provisions,...more

CMS Provides Sneak Preview of Future DMEPOS Competitive Bidding Plans Before Retracting Announcement

by Reed Smith on

One week after unveiling the next round of Medicare durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) competitive bidding, the Centers for Medicare & Medicaid Services (CMS) has announced a “temporary...more

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