Competitive Bidding

News & Analysis as of

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

Implementing A Competitive Natural Gas Market In Mexico - CENAGAS to hold its first open season

Centro Nacional de Control de Gas Natural (CENAGAS) has received authorization from the Comisión Reguladora de Energía (CRE) to conduct its first open season for the assignment of available capacity on a firm basis in the...more

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

A recent decision from the Alberta Court of Queen’s Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law....more

Fair Pay and Safe Workplaces Regulation, a/k/a Federal Contractor Blacklisting Regulation

On July 31, 2014, without much public attention, President Obama issued a far-reaching Executive Order, No. 13673, which requires bidders on federal contracts to disclose adverse labor law decisions under more than a dozen...more

FERC’s Maxim Settlement Shows Continued Focus on ISO and RTO Bidding Conduct

On September 26, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order1 approving a Stipulation and Consent Agreement between its Office of Enforcement (“Enforcement”) and Maxim Power Corp....more

Lease-Leaseback Legislation Signed Into Law

California School District Construction Projects Will be Impacted - The lease-leaseback construction delivery method for K-12 school facilities projects changed under a new law signed Friday by Gov. Jerry Brown....more

Key considerations for representation and warranty insurance

The allocation of risk through representations and warranties and the accompanying indemnification obligations is a primary source of contention in almost every private merger and acquisition transaction. Buyers aim to...more

The Public-Private Partnership Law Review: France

In France, public-private partnerships (PPPs) are implemented in many economic sectors (e.g., transport, health, justice, education, urban equipment, environment, energy efficiency, telecommunications and culture) for more...more

New Federal Rules Will Affect Contractors Who Don’t Play by The Rules

Federal contractors have a powerful new incentive to play by the rules. Starting in October, businesses seeking federal contract work must disclose any labor law violations going back three years. Depending on the violation,...more

New BLM Wind and Solar Development Guidelines on Public Lands Expected Soon

With a goal to spur wind and solar development on public lands, the Bureau of Land Management (BLM) is expected to soon release a new rule that will streamline approval of new renewable energy projects....more

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