Competitive Bidding

News & Analysis as of

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

Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project

First there was “Prince.” Then there was “The Artist Formerly Known As Prince.” Then there was “The Artist Formerly Known As Prince Because he Changed His Name to a Symbol, But Then Realized That No One Could...more

Is the Renewable Energy Sources Act Undergoing a Fundamental Change? - Pilot tenders in accordance with the Ordinance for...

Review - “The Ordinance for Competitive Bidding for Financial Support of Freestanding Installations and for the Amendment of other Ordinances for the Promotion of Renewable Energies” largely entered into force on 12...more

FTC Comment: Minnesota Law Requiring Public Disclosure of Health Care Contract Data Increases Risk of Anticompetitive Behavior

On June 29, 2015, the Federal Trade Commission (FTC) responded to a request for comment from two Minnesota state legislators concerning recently enacted amendments to the Minnesota Government Data Practices Act (MGDPA). Under...more

ANP Announces the 13th Bidding Round for Exploration of Oil and Gas in Brazil

The Brazilian National Council of Energy Policy (CNPE) recently authorized the 13th Bidding Round for Brazilian oil and gas resources. The Round includes 266 exploratory blocks, both onshore and offshore, and are distributed...more

DOL Invites Comments on Requirement That Bidders Disclose Employment Law Violations

President Obama’s Executive Order 13673, called the Fair Pay and Safe Workplaces Order, uses the prospect of gaining or losing an edge in winning government contracts to provide a powerful incentive for employers to comply...more

New Jersey Supreme Court to Consider Important Public Bidding Case – Practical Considerations for Contractors

In April, the New Jersey Supreme Court agreed to review the case of Waste Management of New Jersey, Inc. v. Mercer County Improvement Authority. The matter concerns a defect in a bid submitted under the New Jersey Public...more

Are e-auctions the ticket to lower legal fees?

According to Bloomberg BNA, Honeywell General Counsel Katherine Adams has determined that e-auctions are the ticket to lower legal fees. For those unfamiliar with the process, an e-auction is where the the corporate counsel...more

Procurement Pulse - June 2015

It was great to see so many of you at our PCR'15 panel event in London on 19 May - and thanks to those who posed queries to the panel members to make it a lively interactive session. We will be holding further events in...more

Mexico’s Energy Industry - June 2015 #2

Ronda Uno, First Tender - On June 9, 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...more

CMS Excludes Non-Invasive Pressure Support Ventilators from DMEPOS Competitive Bidding; Announces Related Coding Changes

CMS has removed the non-invasive pressure support ventilators product category from Round 1 2017 of the Medicare DMEPOS Competitive Bidding Program. The agency also is revising the HCPCS coding for ventilators in response to...more

School Bus Company Owners Indicted for Bid-Rigging and Fraud in Puerto Rico

On May 20, 2015, a federal grand jury in San Juan, Puerto Rico indicted five individuals for bid rigging and fraud conspiracies in connection with an auction for public school bus transportation contracts. The auction was...more

Second-Lowest Bidder for Public Contracts May Sue Lowest Bidder Who Paid Less Than Prevailing Wages

Public agencies have little, if any, discretion when awarding public contracts because they are required to award the contract to the lowest bidder, subject to certain minimum qualifications. These limitations are designed...more

Minnesota Legislature Tweaks Responsible Contractor Act

The Minnesota legislature recently passed a bill amending Minnesota’s Responsible Contractor Act. Going into the session, contractor lobbyists knew they could not expect of the law to be repealed. Their goal was to reduce...more

Mexico’s National Hydrocarbons Commission (CNH) Issues Round One’s Third Bid For Onshore Fields

Mexico’s National Hydrocarbon Commission (Comisión Nacional de Hidrocarburos) (“CNH”) announced on May 11 the terms for the third bid of Round One. Unlike the two earlier bids which covered 19 shallow water areas, the third...more

Update: Mexico’s Ronda Uno

On April 30, 2015, the Comisión Nacional de Hidrocarburos (CNH) released a revised version of the Bidding Guidelines for the First Tender published on December 11, 2014. This first tender seeks to auction fourteen (14)...more

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