News & Analysis as of

Competitive Bidding Bid Protests

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

[Webinar] Past Performance Primer - March 2nd, 12:00pm Central Time

by Thompson Coburn LLP on

In selecting winning vendors, federal, state and local governments have typically looked at past contract performance information as part of their overall evaluation processes. Vendors that have a history of performing well...more

Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

by Holland & Knight LLP on

A Florida federal court has ruled that a teaming agreement for a government contract did not compel an unsuccessful prime contractor to protest a lost award, despite the demand by its subcontractor teaming partner. TYR...more

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

by Bennett Jones LLP on

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

No Piggy-Backing Allowed: GAO Regulations Compel Offerors to File Their Own Protest Rather than Intervene

by PilieroMazza PLLC on

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

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

Appellate Court Notes

by Pullman & Comley, LLC on

AC35632- U.S. Bank, N.A. v. Foote - Second time is the charm. Defendant succeeded in getting plaintiff’s foreclosure action dismissed for lack of standing due to the inability of the witnesses to establish that the...more

Minnesota Court of Appeals Applies Common Law Procurement Principles to Best Value Contracting

by Dorsey & Whitney LLP on

In April 2014, the Minnesota Court of Appeals issued a published decision clarifying certain aspects of state procurement law. In Rochester City Lines, et al., v. City of Rochester, et al., No. A13-1477, the Court held that...more

Design & Construction Practice: 2012 Year in Review

by Burns & Levinson LLP on

It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more

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