Public Contracts

News & Analysis as of

Successful procurement challenge and witness success bonuses

The High Court has held that the Nuclear Decommissioning Authority breached the Public Contract Regulations (PCRs) when awarding a GBP 4.6 billion contract for the decommissioning of 12 Magnox reactors in the United Kingdom....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

Farewell to R2D2 and Key Energy FCPA Resolution – Part II

Yesterday I began a what I thought would be a two-part series on the Key Energy, Inc. (Key Energy) Foreign Corrupt Practices Act (FCPA) enforcement action. However (and as usual), I got carried away so today I will review the...more

Has The California State Treasurer’s Office Gone Underground?

Late last month, the California State Treasurer’s Office announced a “move to stop ‘Pay-to-Play’ school bond campaigns”. According to the announcement...more

Importance of the Amendment to the Public Procurement Law for the Expenditure of EU Funds

It is projected that in 2014–2020 Poland will receive a total of 350 billion zloty in EU funds for developing infrastructure, including 67 billion zloty for developing railway infrastructure, 107 billion for road...more

Preparing for Potential MOG Changes

As we all keenly await the outcome of the election, this is a good time for in house counsel to consider how their agency's new contracts and other arrangements may be affected by potential machinery of government and other...more

Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please...more

ANAC cambia rotta, il Codice dei Contratti Pubblici riguarderà solo bandi e avvisi pubblicati dopo il 20 aprile 2016

The ANAC has changed opinion: the new Code of Public Contracts will cover only notices published with effect from 20 April 2016. With a Press Release of 3 May 2016, the National Anti-Corruption Authority ( "ANAC")...more

Concession Contracts Regulations 2016

After a long legislative process which began in Brussels over 10 years ago the Concession Contracts Regulations 2016 (Regulations) have finally come into force in England, Wales and Northern Ireland. ...more

Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of...more

SBA’s New Itvar Size Rule

OVERVIEW - - History and proposed changes to SBA’s ITVAR size rule - What is SBA’s new ITVAR size rule? - Understanding the nonmanufacturer rule and waivers - What should ITVARs do now Please see...more

Call to Action: SB 885

Legislation Would Limit Design Professionals’ Liability on Public Contracts - The California Special Districts Association has issued a “Call to Action” regarding SB 885. If enacted, the legislation would further limit...more

Il Nuovo Codice degli Appalti e delle Concessioni

Varato il decreto legislativo che riforma la materia in attuazione delle direttive UE 23, 24 e 25 del 2014 - Il 3 marzo scorso, il Consiglio dei Ministri ha approvato in esame preliminare il decreto legislativo di...more

Procurement Pulse - March 2016

The final implementation date for the three new EU procurement directives is 18 April 2016 - so things are hotting up in terms of getting to grips with new legislation. Cabinet Office has reviewed the responses to its...more

The Sour Taste of Corruption: Part I

In July 2014 the Serious Fraud Office (SFO) confirmed that it had launched an investigation into allegations of bribery concerning a former employee of property surveyor Sweett Group. The former employee was based in the...more

California Bid Protests: Responsiveness and Materiality

It can be a rough and tumble world out there. And in the case of public works construction in California, this includes bid disputes. California’s competitive bidding laws require that a public works contract be awarded...more

Using sub-contractors for public contracts? – New guidance published

On 9 December 2015, the Crown Commercial Service published important statutory guidance on the new subcontracting provisions under the Public Contracts Regulations 2015 (‘the PCRs’). The guidance is important as the...more

SEC’s Hitachi Enforcement Action and Important Compliance Reminders

The SEC continues to plug away at aggressive FCPA enforcement. This year, at least so far, the SEC has had a very successful year. The Hitachi case is a very interesting enforcement action for several major reasons. ...more

When a Violation of a Rule or Regulation Becomes an FCA Violation: Understanding the Distinction Between Conditions of Payment and...

If you read one thing… - The False Claims Act’s (FCA) language, structure, court precedent and purpose limit its application to only regulatory breaches that are conditions of payment and not conditions of...more

Procurement Pulse - September 2015

Draft regulations have been issued for consultation, to implement both the Utilities Directive and the Concessions Directive - expected to be in force April 2016. There has been some interesting case law on application of...more

Alert: Massachusetts High Court Clarifies Construction Manager’s Role

The Massachusetts Supreme Judicial Court issued a very significant ruling yesterday regarding the use of the CM-At Risk delivery method, particularly on public jobs. In Coghlin Electrical Contractors, Inc. v. Gilbane...more

Federal Small Business Set-Aside Contracts When Selling or Buying a Business

In a prior Alert, we provided a high-level overview of the Anti-Assignment Act, which requires federal pre-approval for the sale of federal government contracts, often through a “novation agreement” signed by the seller,...more

Public Bid Rejected Based on Access to Inside Information

The Massachusetts Office of the Attorney General (“AGO”) this month denied a bid protest by a low bidder because it had access to “insider knowledge” about the University of Massachusetts building project through its...more

EU-Vietnam Trade Deal

The EU and Vietnam have concluded the substantive elements of a Free Trade Agreement (FTA), widely-hailed as one of the most ambitious and comprehensive such agreements that the EU has concluded with a developing country....more

New “Living Wage Ordinance” for New Orleans City Contractors Goes Into Effect on January 1, 2016

On August 17, 2015, New Orleans Mayor Mitch Landrieu signed a new ordinance that will require all city contractors to pay a minimum wage of $10.55 per hour to employees. The New Orleans City Council unanimously passed by the...more

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