News & Analysis as of

Competitive Bidding Appeals

Woods Rogers

In Uninteresting Result, Federal Circuit Leaves Offeror Standing Outside the Courtroom

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In order to bring an action in any United States tribunal, a party must have “standing.”  “The doctrine [of standing] limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a...more

Woods Rogers

Federal Circuit Holds CICA Stay Clock Begins at Time of Debriefing When Disappointed Offeror does not Avail Itself of Right to Ask...

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No questions, no stay. The United States Court of Appeals for the Federal Circuit recently ruled on the interplay of debriefings and automatic stays. In NIKA Technologies v. United States, the Federal Circuit reversed a Court...more

Sheppard Mullin Richter & Hampton LLP

“You Got To Know When To Protest”: Federal Circuit’s Inserso Decision Stretches the Blue & Gold Waiver Rule For Bid Protests To...

...As most contractors know, a good protest requires a lot of thought and commitment to convince an agency or tribunal of why corrective action should be taken. The last thing a protester wants is to learn – too late – that...more

Shutts & Bowen LLP

Bidding Smarter in Florida: Knowledge is Power – The Public Records Act

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Everyone has heard the old saying “knowledge is power.”  In Florida, the Public Records Act, Ch. 119, Fla. Stat., is a powerful tool that contractors should use to empower themselves in competitive bid situations. Governments...more

Morgan Lewis

Important Clarifications in the Federal Circuit Acetris Decision

Morgan Lewis on

In addition to standing behind the plain language of the definition of a “US-made end product,” the court in Acetris Health, LLC v. United States provided new guidance regarding limits on Customs and Border Protection...more

Stinson - Government Contracting Matters

EAJA Provides Relief to Construction Contractor for Government’s Bad Actions

In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA),...more

Best Best & Krieger LLP

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Franczek P.C.

Illinois Appellate Court Requires School Board to Pay for Services Rendered Under an Invalid Construction Contract

Franczek P.C. on

A recent Illinois Appellate Court case appears to have closed a loophole through which some school districts and other public entities have avoided liability for work performed by construction companies under invalid...more

Shutts & Bowen LLP

Buy Low! Businesses Need Not Bid On County-Owned Lands in Florida

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When businesses open in a new area, they frequently try to get as many incentives as possible from the local government. Conversely, many local governments try to offer as many incentives as possible in order to attract or...more

Skadden, Arps, Slate, Meagher & Flom LLP

‘Partial and Elliptical Disclosures’ May Preclude Corwin Doctrine

Under Corwin v. KKR Financial Holdings LLC1 and its progeny, “when disinterested, fully informed, uncoerced stockholders approve a transaction absent a looming conflicted controller,” the irrebuttable business judgment rule...more

Dechert LLP

Global Private Equity Newsletter - Fall 2017 Edition: Recent Developments in Acquisition Finance

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A delicate balance has evolved over time in leveraged acquisitions with respect to the nature of the contractual relationship between a target and its owners, on the one hand, and the debt financing sources of the buyer, on...more

Jackson Walker

Public Information Act: Trade Secret Loophole Threatens Government Transparency

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Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and...more

Bennett Jones LLP

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

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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

Troutman Pepper

California Court Limits Recovery for General Contractors Relying on Subcontractor Bids

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The court’s decision allows subcontractors to place unforgiving terms in their bids and gives them an ultimate out if general contractors do not agree to those terms. General contractors should pay attention to a...more

Troutman Pepper

Alert to Contractors – California Court of Appeals (2d App. Dist.) Rules Subcontractor Price in Proposal Containing Material...

Troutman Pepper on

Flintco Pacific, Inc. v. TEC Management Consultants, Inc., 2016 Cal. App. LEXIS 594 (Cal. App. 2d Dist. June 21, 2016) - There was an important California decision published on July 19, 2016 (decided June 21, 2016)...more

Dorsey & Whitney LLP

Sixth Circuit Reminds Government of its Burden to Prove Actual Damages in False Claims Act Litigation

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Last week, the United States Court of Appeals for the Sixth Circuit vacated a federal district court’s award of $657 Million for treble damages under the False Claims Act (“FCA”), restitution, and prejudgment interest. See...more

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