Competitive Bidding

News & Analysis as of

The Most [Fill in the Blank] Bid Dispute, Ever

We’ve all heard of those lawsuits which cause us to scratch our heads wondering, what were they thinking? Think woman sues fast food restaurant for serving hot coffee, man sues beer company when beautiful women did not...more

Chance to Comment on Future of DMEPOS Payments

CMS recently took the unusual step of issuing an Advance Notice of Proposed Rulemaking (ANPR) regarding changes to Medicare payment methodologies for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS)...more

Indiana Does it Again! IFA Selects Preferred Bidder for I69 Section 5 Availability Payment Project

Following on the success of the East End Crossing P3 project, the Indiana Finance Authority selected a team lead by international P3 developer Isolux Infrastructure to design, build, finance, operate and maintain a 21 mile...more

Other Bidders Question MN ALJ's Selection of Solar Generation

At the close of last year, Minnesota Administrative Law Judge Eric Lipman determined that the single solar proposal in a competitive resource acquisition process would provide the best value to Xcel ratepayers....more

Minnesota Judge Rings in the New Year with Sunshine

On December 31, 2013, Minnesota Administrative Law Judge Eric Lipman determined in a competitive bidding process that solar provided greater value to ratepayers than natural gas. In a first-ever competitive bidding process...more

Bidding process for construction of Sacramento Kings stadium streamlined by City Council

On Tuesday of this week, the Sacramento City Council voted to suspend the traditional competitive bidding process for the planned construction of a new stadium for the Sacramento Kings. The push will allow the bidding...more

Under Construction - December 2013

Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more

Italian Competition Authority Releases New Guidelines on Competitive Bids

On 26 October 2013, the Italian Competition Authority (the Authority) published its new guidelines on competitive bids. The guidelines are intended to help contracting entities to recognise and inform the Authority of...more

CJEU Confirms Prior State Aid Cannot be Taken into Account by Public Authority To Justify Further Subsidies as Market Behaviour

In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union has confirmed that State aid granted to an undertaking in the past must not be taken...more

Will World Cup 2022 Become World Cup 2023?

SPOILER ALERT – This article reveals that the temperature becomes quite hot in Qatar in the summer months. That paragon of compliance and ethics, the world’s richest and most influential single-sport ruling body...more

Tweaked & Overhauled: The Latest on Virginia Construction Law

Each year, Virginia’s legislature overhauls or tweaks existing legislation and occasionally enacts entirely new legislation of which construction industry operators should remain aware. This year was no exception. The...more

Delaware Chancery Court Supports Morton’s Sale Process and PE Exit Motives

In a recent decision of note concerning the 2012 sale of Morton’s Restaurant Group to Landry’s, Inc., Chancellor Strine of the Delaware Court of Chancery found that a private equity firm with a 28 percent stake in Morton’s...more

FERC Approves Enforcement Settlement Regarding California Bidding Practices

FERC yesterday approved an enforcement settlement agreement with JPMorgan, which requires JPMorgan to pay a civil penalty of $285 million and disgorgement of unjust profits of $125 million in connection with abusive bidding...more

Top 3 Things Contractors Need To Do When The Actual Work Site Differs From The Expectations.

So, you have won the bid and you sent your workers to the job site when all of a sudden you get a call from your foreman, who says, “This situation out here looks a lot different than what we expected…” What should you do...more

Health Reform + Related Health Policy News - July 2013

In This Issue: - Top News ..Obama Administration Delays Employer Mandate One Year ..House Energy and Commerce Committee Releases Draft Legislation for SGR Fix ..CMS Proposes Payment Changes for Medicare...more

Unique aspects of sales involving nonprofit assets in bankruptcy

Sales of a debtor’s assets, either pursuant to section 363 of the Bankruptcy Code or through a confirmed chapter 11 plan of reorganization, have become increasingly common in recent years and are generally viewed as an...more

Koehler v. NetSpend Holdings, Inc., C.A. No. 8373-VCG (Del. Ch. May 21, 2013) (Glasscock, VC)

In this memorandum opinion, the Court of Chancery declined to enjoin Total System Services’ (“TSYS”) acquisition of NetSpend Holdings, Inc. (“NetSpend”) because, even though the Court concluded that the NetSpend board (the...more

Applications Outsourcing Pricing - Part 3

As noted in our previous blog postings on the subject (Applications Outsourcing Pricing - Part 1 and Applications Outsourcing Pricing - Part 2), the most prevalent model for pricing applications outsourcing services involves...more

New DTE Electric PPAs For Wind Energy

Two 20-year power purchase agreements (PPAs) between DTE Electric and Pheasant Run Wind, LLC and Pheasant Run Wind II, LLC received ex parte approval from the Michigan Public Service Commission (MPSC) on May 15, 2013. ...more

A Game Changer For Competitive M&A Transactions? Federal Court Passes Judgment On Bidding Tactics (Australia)

WHAT HAPPENED? A mining consumables company was sold to a private equity firm. Seven hours later, the company was onsold at a $22 million premium to a competing Australian mining consumables company well known to the...more

Public Bidder’s Attempt “To Play Trump Card” Fails

In a recent unpublished opinion, New Jersey’s Appellate Division provides another reminder to contractors bidding on municipal contracts to timely challenge any portion of the bid specifications that may be improper or...more

FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers

In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband...more

Consistent With Precedent, FCC Finds Violation of Competitive Bidding Rules Where Price Is Not Primary Factor

In a newly released Order, the FCC upheld a Universal Service Administrative Company finding that a school district had violated the Commission’s competitive bidding rules by failing to weigh price as the primary factor in...more

Seventh Circuit Holds That Debtor Cannot Circumvent Bankruptcy's Absolute-Priority Rule

Unless creditors accept a debtor's plan of reorganization, bankruptcy law requires the plan to provide for the payment in full of creditors before owners of the debtor receive anything on account of their equity interest....more

Public Contracting Requirements – Not Just for “Traditional” Government Contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of...more

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