News & Analysis as of

Competitive Bidding

Telecomm Publica los Criterios Generales Para un Posible Concurso del Proyecto de la Red Tronca

by Holland & Knight LLP on

El organismo público descentralizado Telecomunicaciones de México (Telecomm) publicó, el 17 de julio de 2017, los criterios generales que podrían aplicarse al posible concurso para el desarrollo y crecimiento de la Red...more

Telecomm Releases General Criteria For Potential Backbone Network Project Bids

by Holland & Knight LLP on

The Mexican government agency, Telecomm, on July 17, 2017, released the general criteria for a potential bid for the development and expansion of the Backbone Network Project (Red Troncal)....more

Ohio Appeals Court Holds That Contractor Who Seeks Application of HOOP Formula to Calculate Home Office Overhead Need Not Prove...

by Pepper Hamilton LLP on

Wood Elec., Inc. v. Ohio Facilities Constr. Comm’n, 10th Dist. Franklin No. 16AP-643, 2017-Ohio-2743, 2017 Ohio App. Lexis 1745 (May 9, 2017) - The Ohio Facilities Construction Commission (“OFCC”), together with a school...more

Auction Over: The Results are in for the Third Zombie License Auction

We have now completed the latest phase of the zombie license auctions held by the Pa.L.C.B. since being permitted under Act 39 of 2016. As this is now the third phase of the zombie license auctions, we are starting to notice...more

Access to confidential information and court documents in procurement cases

by Dentons on

Procurement challenges focus on sensitive issues for parties and non-parties to the dispute. Information about evaluation, the challenger's unsuccessful bid and the winning bid are all likely to be relevant. Both parties and...more

Massachusetts Issues New RFP for 400 MW of Offshore Wind Energy Projects; December 2017 Bid Deadline

by Pierce Atwood LLP on

This week, the Massachusetts investor-owned electric distribution companies (Distribution Companies), in coordination with the Massachusetts Department of Energy Resources (DOER) (together, Soliciting Parties), issued a joint...more

Procurement Pulse - June 2017

by DLA Piper on

Procurement legislation provides certain guidance on how to run an impartial procurement process - including minimum time limits for submitting expressions of interest or bid documentation, prescribed criteria for selecting...more

NYSERDA and NY Power Authority Seek to Fund Proposals for New Clean Energy Projects: First Round Submissions Due July 13th

On June 2nd, the New York State Energy Research and Development Authority (NYSERDA) and the New York Power Authority (NYPA) issued record requests for proposals from qualified developers to build renewable energy projects...more

EU & Competition Law Update – June 2017

by Bryan Cave on

Hope for a Cleaner Brexit After ECJ Ruling - In a ruling which is likely to have positive implications for a possible Brexit deal, the European Court of Justice (ECJ) on 16 May 2017 opened up the ability of the EU...more

New England regional renewables procurement

by PretiFlaherty on

As states enact and pursue energy policy goals such as sourcing power from solar, offshore wind, or other "clean energy" resources, here's a quick look at some of the regional renewable procurement activity ongoing in New...more

The Suspense is Killing Me! What Big Labor Bills Will Make it Off the Suspense File?

by Fisher Phillips on

In the California Legislature, bills first are referred to the appropriate policy committee for hearing. Labor bills are referred to the Labor Committee, crime bills are referred to the Public Safety Committee, health bills...more

Procurement Pulse - May 2017

by DLA Piper on

Some interesting new developments in procurement law this month. Whilst the case has now been settled and is the subject of an independent enquiry, we report on the Supreme Court's final ruling on the Energy Solutions case,...more

CMS Retroactively Revises DMEPOS Fee Schedule to Implement Cures Act

by Reed Smith on

CMS has announced revised Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) fee schedule amounts for the period of July through December 2016, as required by the 21st Century Cures Act. By way...more

Pa.L.C.B. Announces Third Restaurant Liquor License Auction Under Act 39 of 2016

The Pennsylvania Liquor Control Board has announced the third restaurant liquor license auction, which is permitted under Act 39 of 2016. These auctions are for “zombie licenses” that have been expired and in possession of...more

Massachusetts Electric Companies and DOER Propose RFP for Offshore Wind Clean Energy Projects

by Pierce Atwood LLP on

On April 28, 2017, the Massachusetts investor-owned electric distribution companies (Distribution Companies), in coordination with the Massachusetts Department of Energy Resources (DOER) (together, the Soliciting Parties),...more

Supreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for Intentional...

by Pepper Hamilton LLP on

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2017 Cal. LEXIS 1024 (Cal. February 16, 2017) - This tort lawsuit relates to a dispute over the bidding process on several public works contracts in...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

Procurement Pulse - April 2017

by DLA Piper on

Breach of the procurement rules raises the difficult dilemma of providing sufficient information to disaffected bidders to ensure that the playing field is as level as possible in terms of the information they have available...more

Pennsylvania Zombie Liquor License Auction: Keys to Making a Successful Bid

The Pa.L.C.B. recently completed the second phase of the zombie liquor license auction, which was established under Act 39 of 2016 and discussed in previous blog posts. The second phase, like the first, saw a great price...more

The Renewable Electricity Program: the AESO releases the Request for Expressions of Interest and proposed support agreement terms

by Dentons on

On March 31, 2017, the Alberta Electric System Operator (AESO) issued a Request for Expressions of Interest (REOI) to initiate the first competitive procurement process as part of the Renewable Electricity Program (REP)....more

Superior Court Rejects Disappointed Bidder’s Claim

by PretiFlaherty on

Whether required by state law or by local ordinance or practice, municipalities often use the competitive bidding process to purchase property, equipment and most types of services. In the recent case of Design...more

Protecting Information in the Competitive Bidding

by Gray Reed & McGraw on

Growth in the DFW metroplex is booming, and the City of Flourish is one of the driving forces. Unfortunately, the City has had a difficult time keeping up its infrastructure with the growing population. Recently the City...more

FCC Finalizes Weighting Criteria for Evaluating Provider Bids in CAF Phase II Auction

by Davis Wright Tremaine LLP on

On March 2, the FCC released an Order finalizing the competitive bidding framework for the Connect America Fund (CAF) Phase II auction. Under the Phase II auction the FCC will distribute nearly two billion dollars to...more

California Supreme Court Rejects Claim by Second-Lowest Bidders on Public Works Contracts that Low Bidder Interfered with a...

by Nossaman LLP on

The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible...more

Amendments to Japan's Renewable Energy Act

by Jones Day on

On April 1, 2017, substantial portions of the Amendments ("Amendments") to The Act on Special Measures Concerning the Procurement of Renewable Energy by Operators of Electric Utilities (the "Act") will become effective. These...more

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