Competitive Bidding

News & Analysis as of

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

Company Eliminated from Army Contract Competition Due to ITAR Compliance Program Description

The U.S. Government Accountability Office (GAO) denied on Aug. 11, 2016, a government contract protest by Microwave Monolithics Inc. See GAO case number B-413088. The case is noteworthy because of the reason for denial. The...more

Fourth Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

The Fourth Circuit recently issued a decision interpreting the anti-retaliation provision of the False Claims Act (FCA). The decision provides important clarification about how courts may interpret 2009 and 2010 amendments...more

DMEPOS Bidding Round 1 2017 Single Payment Amounts Announced

CMS has announced the single payment amounts for Round 1 2017 of the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) competitive bidding program. As previously reported, this round...more

Renewable Energy Update - September 2016

Renewable Energy Focus - White House pledges support for Salton Sea, geothermal energy - The Desert Sun - Sep 1 - The federal government is stepping up its commitment to the Salton Sea and exploring the...more

“Fair Pay and Safe Work Places” Rule Issued – Federal Contractors Beware!

On August 25, 2016, the federal government published sweeping new rules requiring contractors bidding on federal contracts to submit detailed information about their labor and employment violations as part of the bidding...more

Planning, Tendering and Closing Global District Energy Projects

The district energy industry has received a global boost through a global initiative supported by the United Nations Environment Programme (UNEP). The UNEP has called for governments, state owned enterprises and procuring...more

Planning, Tendering and Closing Global PPP Projects

The sovereign funding gap caused by a low oil price environment, coupled with a global period of economic uncertainty, are two drivers leading governments, procuring authorities and state owned enterprises (Authorities),...more

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

Changes To Florida’s New Anti-Corruption Law Take Effect October 1 - Will Florida Soon Consider Your Business Practices Corrupt?

The Florida Legislature recently responded to growing concerns over public corruption in the state of Florida by amending Florida’s Anti-Corruption Act (FACA). The changes take effect October 1. This paper outlines...more

Poder discrecional en las adquisiciones: La GAO falla a favor del gobierno

La Oficina de Fiscalización del Gobierno (Government Accountability Office, GAO) emitió una decisión que podría ser utilizada por las agencias gubernamentales para apoyar las Solicitudes de propuestas (Request for Proposal,...more

Beware the Booty-Encrusted Hook: Cybersecurity Vendors Should Use Caution Approaching GSA’s IT-70 Solicitation for Highly Adaptive...

Machiavelli – yes, that Machiavelli – knew a thing or two about working with a powerful government. In his most well-known writings, Machiavelli opined on both the application of power and importance of intellect when...more

Massachusetts Legislation Spurs Offshore Wind Power Development

On August 8, 2016, Massachusetts Governor Charlie Baker signed into law a major energy bill aimed at putting Massachusetts at the forefront of states developing offshore wind power. The law, An Act Relative to Energy...more

Trion Farmout

On July 28, 2016, the Mexican National Hydrocarbons Commission ("CNH") published a call for tenders and the corresponding bid guidelines (the "Bid Guidelines") for the International Public Tender CNH-A1-Trion/2016 process, to...more

Construction and Infrastructure Update, August 2016

Is it the Dawning of the Age of Strict Products Liability for California Contractors? Strict liability products liability - whereby manufacturers and distributors of a defective product can be found liable to a consumer...more

BREAKING: FAR Council Publishes Final Rule On Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order

Today, the Federal Acquisition Regulation Council (“FAR Council”) published the final rule regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the “blacklisting” rule.  ...more

Successful procurement challenge against the Nuclear Decommissioning Authority

On 29 July the High Court handed down its judgment in the high-profile Energy Solutions (ES) v Nuclear Decommissioning Authority (NDA) case.  The case concerned the competition to become the “Parent Body Organisation” (PBO)...more

DesertLink transmission project wins rate incentives under Section 219

Federal energy regulators have granted a petition by the developer of a proposed electric transmission project in Nevada for certain transmission rate incentives available under federal law. On August 19, the Federal Energy...more

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