Competitive Bidding

News & Analysis as of

CMS to Slash Medicare DMEPOS Rates on July 1, 2016

CMS has released the July 1, 2016 update to Medicare durable medical equipment (DME) prosthetic orthotics and supplies (DMEPOS) fee schedule amounts in non-competitive bidding areas, reflecting full implementation of...more

Senate Passes Legislation to Delay Pending Medicare DMEPOS Fee Schedule Cuts Based on Competitive Bidding Prices

As previously reported, the Affordable Care Act mandates that CMS use pricing information from the durable medical equipment (DME), prosthetics, orthotics, and supplies (DMEPOS) competitive bidding program (CBP) to adjust...more

Tokyo 2020 Olympics Update: Sustainable Procurement Top Tips for a Winning Bid

Tokyo is set to host the Games of the XXXII Olympiad from 25 July – 9 August 2020, and the Paralympic Games from 25 August – 6 September 2020. With procurement well underway, we have summarised our top ten tips for how your...more

Lie to Win or Be Honest and Lose? When Ethics Can Cost You

What would you do? In this classic situation, all the elements for staying the course rather than disclosing the truth are present and the question is: should you tell on yourself? Ellen Hunt sets forth the dilemma that we...more

FCC Adopts Competitive Bidding Criteria and Roadmap for Implementing Upcoming CAF Phase II Reverse Auction

Broadband and voice providers interested in pursuing a piece of the roughly $2 billion in remaining Connect America Fund (CAF) Phase II subsidies take note: the FCC has just released its road map for evaluating bids in the...more

Development of Competitive Natural Gas Market in Mexico

Mexico has prepared a plan for the development and implementation of an open and competitive marketplace for natural gas (Implementation Plan). The hope is that the Implementation Plan will result in a fully competitive...more

As CMS Gears Up for Latest Round of DMEPOS Competitive Bidding, OIG Faults CMS Vetting of Winning Suppliers’ Licensure Status

CMS recently released the names of the new contract suppliers under the Round 2 Recompete of the Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) competitive bidding program and the national...more

Participating in Mexico's Newly-Opened Energy Market: What You Need to Know

In a comprehensive effort for reforms, Mexico has opened its country’s wholesale energy market and it is booming! Day-ahead power trading for the Baja California Sur system began on March 15, 2016, and for the Baja Peninsula...more

Love me tender – how IR is a key point of difference

Are we in the beginnings of a cyclical upswing in industrial action in Australia? And if so, what does it mean for those involved in competitive tender processes? Data from the ABS indicates that the last spike in...more

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party...more

Maine biomass procurement competitive standards

As the Maine Public Utilities Commission prepares for its upcoming procurement of biomass power resources, the Commission has requested public comment on the standards and criteria to be used in evaluating whether the...more

Bidding Guidelines Published for Mexico's Second Long-Term Power Auction

Mexico's National Center for Energy Control (CENACE) on May 13, 2016, published the Bidding Guidelines for the second long-term power auction (SLP) in Mexico, seeking to award power purchase agreements (PPA) to clean energy...more

If it Walks Like a Duck - Construction Management at Risk Contracts a Risky Move for Cities

A growing number of Minnesota cities may be violating the competitive bidding laws by awarding construction management at risk (CM at risk) contracts for new facilities. With few exceptions, cities and other public...more

Fair Pay And Safe Workplaces Regulations Sent To OMB For Approval

On May 4, 2016, the Office of Management and Budget (“OMB”) received proposed final regulations for the implementation of President Obama’s controversial Fair Pay and Safe Workplaces Executive Order (the “Order”). The Order,...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

Contractors: A Lesson on Being Friendly

I know. You’re just trying to be friendly. Don’t. Particularly when you’re a contractor bidding on a public works project....more

FERC Conference to Address Implications of Binding Transmission Development Bids

FERC rejected a transmission developer’s request that binding revenue requirement transmission project bids should be deemed just and reasonable and subject to Mobile-Sierra protections, but announced a technical conference...more

NY offshore wind zone announced

U.S. ocean energy regulators are advancing plans to lease sites off New York for potential commercial wind energy development. The federal Bureau of Ocean Energy Management's designation of a Wind Energy Area could...more

Competition law and joint bidding: dos and don'ts for the construction industry

It is not unusual for construction firms and other companies to form a consortium bid (or joint bid) for a building or infrastructure project. Whilst competition law clearly prohibits collusion involving price fixing, market...more

CMS Announces Single Payment Amounts for July 1, 2016 DMEPOS Competitive Bidding Contracts

CMS has just released the single payment amounts for the Round 2 Recompete of the Medicare DMEPOS competitive bidding program and the national mail-order competition for diabetes supplies. In today’s announcement, CMS stated...more

Maximize Business Opportunities in Michigan as a Service-Disabled Veteran

Be as successful in business as you were in the military. Take advantage of federal, state, and local laws which provide procurement preferences for service-disabled veterans. As the following blog article will address,...more

DoD Seeks Public Comments Before Issuing a Proposed Rule on IR&D Costs

The Department of Defense intends to issue a proposed rule to ensure that substantial future independent research and development (“IR&D” or “IRAD”) expenses, which can be used as a means to reduce bid prices in competitive...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On February 24, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a guidance entitled, “Special Enrollment Confirmation Process” that will enhance program integrity...more

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

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