Competitive Bidding

News & Analysis as of

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

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

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

Congress in Process of Passing Disapproval Resolution of Blacklisting Regulations

On February 2, 2017, by a vote of 236 to 187, the U.S. House of Representatives approved a joint resolution of disapproval to block the Final Rule implementing President Obama’s Executive Order 13673, “Fair Pay and Safe...more

"Mexican Energy Sector Restructuring: New Opportunities for Renewables"

The ongoing effort to restructure the power sector in Mexico, together with Mexico’s strong policy on combating climate change, have created compelling opportunities for investors in renewable energy projects that likely will...more

Brexit and Procurement

UK’s Industrial Strategy announced—new Government contracting approach will favour UK-based firms after Brexit. UK Government spending currently runs circa £278 billion per annum. Government contractors will be...more

CMS Revokes Billing Privileges for Competitive Bid Supplier

The Centers for Medicare and Medicaid Services (CMS) has demonstrated that it will not hesitate to use one of its most crippling administrative enforcement tools—the revocation of Medicare billing privileges—against one of...more

Government Contractors: Time to Ditch Those Confidentiality Agreements

On January 19, 2017, a new Federal Acquisition Regulation (“FAR”) went into effect prohibiting the government from contracting with companies that utilize confidentiality agreements that restrict employees or subcontractors...more

What Is The Trump Pharmaceutical Policy?

Pharmaceutical stocks took a hit after President-elect Trump criticized the industry during his January 11, 2017 press conference. But he also expressed support for the domestic pharmaceutical industry. What is the Trump...more

Oregon PUC Issues Guidance on Energy Storage Program

Actions are underway at the Oregon Public Utility Commission (the “PUC”) to implement HB 2193, Oregon’s energy storage legislation. HB 2193 requires that PacifiCorp and Portland General Electric (“PGE”) submit proposals for...more

Weekly Update Newsletter - December 2016 #4

GOVERNMENT CONTRACTS - Payment of Subcontractors - The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (‘NASA”), have issued a final rule...more

Consortium Bidding in European Government Contracts

Consortium bids are relatively common in the European government contract sector. But, under European law, what happens in a situation where a company which is part of a bidding consortium drops out during the procurement...more

GAO Assesses Impact of Medicare DMEPOS Competitive Bidding Program on Beneficiary Access, OIG Documents Market Share for Diabetes...

The number of Medicare beneficiaries who received durable medical equipment (DME) items generally fell after Round 2 of competitive bidding program (CBP) and the national mail-order program for diabetes testing supplies were...more

First-Ever Legal Challenge Filed Against Proposed Federal Offshore Wind Lease Auction

A coalition of fishing advocates, local towns, and municipalities from New Jersey to Rhode Island has sued the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) and sought a temporary restraining...more

CNH Awards Public Bids for Deep-Water Hydrocarbon Production

The Hydrocarbon National Commission, or Comisión Nacional de Hidrocarburos (CNH), published on Dec. 17, 2015, the call for the fourth international public bid for Round One, as part of the implementation of Mexico's energy...more

CMS Releases 2017 Medicare DMEPOS and Clinical Lab Fee Schedules

CMS has announced 2017 Medicare fee schedule rates for durable medical equipment (DME) prosthetic orthotics and supplies (DMEPOS) furnished in non-competitive bidding areas. The calendar year 2017 DMEPOS update factor is 0.7...more

Buyer Beware: Lessons of Disclosure Learned the Hard Way

Government contractors are learning the hard way that agencies need to be kept apprised of major changes within the company during the entire period of bid evaluations. Most recently, the Government Accountability Office...more

BLM rule for renewable energy leasing of federal lands

The federal Bureau of Land Management has issued a final rule establishing a competitive process for leasing federal lands for renewable energy development. The Obama administration describes the rule as strengthening the...more

CMS Issues CY 2017 ESRD Final Rule

On October 28, 2016, CMS issued the final rule updating the payment policies and rates under the End-Stage Renal Disease (ESRD) Prospective Payment System (PPS) for renal dialysis services beginning in CY 2017. The rule also...more

Recent Development in Retail Power and Contracting with Texas Governmental Entities

A Texas Court of Appeals recently rejected a retail electric provider’s attempt to sue a Texas public school district for breach of contract—holding that the then-effective supply contract at issue was void and that the...more

Proposed IR&D DFARS rule would competitively punish technology innovators

Understanding that it will punish innovative contractors for engaging in independent research and development (IR&D) and taking on risks that would otherwise be borne by the government, on November 4, 2016, the US Department...more

Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

A Florida federal court has ruled that a teaming agreement for a government contract did not compel an unsuccessful prime contractor to protest a lost award, despite the demand by its subcontractor teaming partner. TYR...more

November Antitrust Bulletin

FTC Provides New Guidance on Antitrust Review of Leveraged Buyouts - On Oct. 6, the Federal Trade Commission’s (FTC’s) Premerger Notification Office (PNO) provided updated guidance on how to calculate the size of...more

CMS Finalizes New Rules for Bidders in Medicare DMEPOS Competitive Bidding Program, Revises DMEPOS Fee Schedule Update Policies

CMS has adopted a number of changes to its Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) policies for 2017, including new competitive bidding program (CBP) requirements and revisions to the...more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

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