Competitive Bidding

News & Analysis as of

Transposition of the Concession Directive in France

France transposed the European directive 2014/23/EU of the European Parliament and of the Council dated 26 February 2014 on the award of concession contracts (the “Concession Directive”) through the “ordonnance n° 2016-65”...more

FERC Considers Whether There Is a Place for Competitively Awarded Transmission Projects to Receive ROE Incentives

In an order issued January 8, 2016, the Federal Energy Regulatory Commission (FERC) announced that it will probe the novel question of whether there is a place for competitively awarded transmission projects to receive return...more

Bidding in good faith rule change: Practical steps to minimise the risk of an AER investigation

The change to the rebidding rule published by the Australian Energy Market Commission (AEMC) in December will come into effect on 1 July 2016. As such, participants have a relatively short period in which to determine,...more

"Communications: 2016 Could Be Defining Year for Net Neutrality, Spectrum Auction"

Last year, the Federal Communications Commission (FCC) closed in on two historic accomplishments. After years of laying the groundwork, the FCC issued its net neutrality regulations as well as final rules and opening bid...more

Public Utility Companies Look to Gobble up Municipal Systems through Private Sales

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target - municipally owned water and wastewater systems. Pennsylvania legislation...more

No Lump on the Head for One Contractor’s Failure to Follow Public Bid Instructions

In our house of chaos, rules are especially important. And when you don’t follow the rules—like no jumping on the furniture—you could end up with a lump on your head. In the world of government contracts, you know that...more

FCC Reaches $3 Million Settlement with New York City Department of Education in E-Rate Investigation

On December 22, 2015, the Federal Communications Commission’s (FCC’s) Enforcement Bureau adopted a consent decree resolving the Enforcement Bureau’s investigation into whether the NYC DOE violated the competitive bidding...more

Mexico’s Energy Industry, Round One, Fourth Tender – Deep Water Blocks

Mexico’s Energy Industry - Round One, Fourth Tender – Deep Water Blocks - At last, the much anticipated deep-water bidding round has been announced in Mexico. Following the precedent set in the recently completed...more

Municipal Bidding Thresholds for 2016

Effective January 1, 2016 - The Pennsylvania Department of Labor & Industry has published the municipal authority and municipality bidding thresholds for 2016 under Act 90 of 2011. Under Act 90, the bidding thresholds...more

Bills Introduced to Modify Payments for DMEPOS

Two bills have been introduced in the House of Representatives and the Senate to modify payments for durable medical equipment, prosthetics, orthotics and supplies (DMEPOS). On November 19, 2015, Senator John Thune (R-SD)...more

Centers for Medicare & Medicaid Services Releases Fee Schedule Amounts for DMEPOS for 2016

On November 23, 2015 the Centers for Medicare & Medicaid Services (CMS) announced the fee schedules for 2016 for durable medical equipment, prosthetics, orthotics and supplies (DMEPOS). For items and services not included in...more

Minnesota has Budget Surplus

Minnesota Management and Budget (MMB) announced that the FY 16-17 budget has a $1.871 billion surplus. The bulk of this $1.871 billion surplus comes from $682 million carried over from the FY 14-15 biennium and $865 million...more

CMS Releases 2016 Medicare DMEPOS Fee Schedule – Reflecting Steep Cuts Based on DMEPOS Competitive Bidding Rates

On November 24, 2015, CMS released the Medicare durable medical equipment (DME), prosthetics, orthotics, and supplies (DMEPOS) fee schedule for the first half of 2016 – reflecting the agency’s first adjustments to nationwide...more

SBA Size Protest Reminds Us That There is an Exception to Every Rule

The Small Business Administration (“SBA”) recently issued a favorable decision on behalf of a firm client in a size determination case, and we wanted to share information from that decision with you. While the decision is...more

Alert: FCC Sets Dates for 2015 Broadcast Incentive Auction

The Federal Communications Commission ("FCC") has established the initial deadlines for its 2016 broadcast incentive auction—an auction that could involve the sale of up to 120 MHz of attractive low-band spectrum and draw...more

Brokers: Rely on Broker Statements at Your Peril

Alamo Group, LLC v. A & G Realty Partners, LLC (In re OSC 1 Liquidating Corp.), 529 B.R. 825 (Bankr. D. Del. 2015) – A purchaser of debtors’ lease designation rights filed a complaint in bankruptcy court against the debtors’...more

Louisiana Fourth Circuit Holds Public Bid Invalid Absent Written Evidence of Authority to Sign Bid

Contractors that bid public projects in Louisiana are familiar with the Public Bid Law's requirement that "[w]ritten evidence of authority of the person signing the bid for public works shall be submitted at the time of...more

Size Your Project Up: Developing a Tailored RFP Can Lead to More Effective Procurements, Successful Projects and Fewer Protests

Gone is the day when public agencies only have one option — the traditional design-bid-build construction delivery method — for procuring a contractor for a public construction project. Instead, there is an increased...more

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

Mexico’s Energy Industry - Final Model Contract and Bidding Guidelines Published for Ronda Uno, Second Tender

On August 25, 2015, the Comisión Nacional de Hidrocarburos (CNH) published the final form of the Bidding Guidelines (“Guidelines”) and the Model Production Sharing Contract (PSC) for the Second Tender initially published on...more

Construction Alert: Minnesota Supreme Court Decides Best Value Bid Protest

The Minnesota Supreme Court decided Rochester City Lines, Co. v. City of Rochester last week, applying the "unreasonable, arbitrary, or capricious" standard to the best value bidding of public contracts, describing how that...more

CMS Announces Timeline for the DMEPOS Competitive Bidding Round 1 2017 Competition

On August 11, 2015, CMS announced the detailed timeline for “Round 1 2017” of the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding Program. As previously reported, this...more

Mexico’s Energy Industry: Updated Bidding Guidelines and Contract Terms for Ronda Uno, Second Tender

On August 4, 2015, the Comisión Nacional de Hidrocarburos (the CNH) released revised versions of the Bidding Guidelines (the Guidelines) and the Model Production Sharing Contract (the PSC) for the Second Tender published on...more

No Piggy-Backing Allowed: GAO Regulations Compel Offerors to File Their Own Protest Rather than Intervene

Last September, we wrote about the importance of an awardee intervening in a bid protest challenging the contract award before the U.S. Government Accountability Office (“GAO”). By intervening, the awardee protects its right...more

“If You See Something, Say Something” Applies to Construction Contract Bidding

In Otis Elevator Co. v. W.G.Yates & Sons Construction Co., 589 Fed. Appx. 953; 2014 U.S. App. LEXIS 20214 (11th Cir. 2014), a subcontractor installed a series of escalators for an airport expansion project and sued the...more

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