Public Procurement Policies

News & Analysis as of

Proposed "Buy American" Regulations Complicate Doing Business with the State of Maryland

On July 11, 2014, the Maryland Board of Public Works issued a Notice of Proposed Action that proposed new regulations concerning the preference for American-manufactured goods on most public contracts. The regulations, as...more

Minnesota Legislature Establishes New Requirements for Public Contractors

On May 16, 2014, the Minnesota Legislature enacted a new statute that sets out several criteria for contractors bidding on public construction projects. The statute is effective as of January 1, 2015, and attempts to enhance...more

Out of State . . . Out of Mind?: Ensuring that Local and Out-of-State Construction Companies Play by the Same Rules

The construction industry is all too familiar with its perception as a means by which individual and corporate citizens alike may experience economic opportunity. Whether at the federal, state or municipal level, set-aside...more

Limited Remedies For Concession-Contract Protesters

In a pair of recent decisions, the U.S. Court of Federal Claims clarified the source of its jurisdiction over bid protest actions that involve pure concession contracts as well as the scope of potential relief available to...more

Understanding Suspension and Debarment

In this presentation: - Current climate - Why does the Government suspend or debar a contractor? - What does it mean to be suspended or debarred? - What process does the Government follow to...more

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

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

California Authorizes Alternative Procurement Method for Public Construction Projects

Counties Can Now Use Construction Management At-Risk - Effective January 1, 2014, all California counties are expressly authorized to use the “construction management at risk” project delivery method (CMAR) for any...more

DOD Should Consider Adding Fast-Ramping Generation to its Procurement Planning

Intermittent resources create unique challenges for 21st Century Utilities, RTO's and System Operators. The now infamous "Duck Chart" highlights a key element of the problem -- central station thermal plants cannot ramp...more

Russian Legislation Update - 10 February – 2 March 2014

In This Issue: - Banking - Anti-Money Laundering - Concession Agreements - Public Procurement - Employment/Foreign Citizens - Court Practice: Bankruptcy - Excerpt from Banking - On 25...more

UK’s Serious Fraud Office Looks to Pursue More Prosecutions of Corporates

A proposed amendment to the UK Bribery Act would give the SFO greater power to prosecute corporates for financial crimes committed by their employees. The head of the UK’s Serious Fraud Office (SFO), David Green,...more

European Procurement and Government Contracts Digest: New European Procurement Directives - European Union Overhauls the EU Public...

On 11 February 2014, the EU took the final step in its latest overhaul of its public procurement regime. As well as a new directive dealing for the first time with the award of concession contracts, the EU has issued new...more

The European Commission Unveils its First EU Anti-Corruption Report, Highlighting the Continuing Risk of Corruption in EU Member...

On February 3, 2014, the European Commission published its first Anti-Corruption Report (the “Report”). The Report covers all types of corruption, including political corruption, bribery of public officials, and private or...more

Tokyo 2020 Olympics Update Part 2 - Procurement

BACKGROUND - Tokyo will host the Games of the XXXII Olympiad from 25 July - 9 August 2020, and the Paralympic Games from 25 August - 6 September 2020. According to Jacques Rogge, former President of the...more

Public Private Partnerships: From Economic Development to Local-Serving Infrastructure Procurement

In This Presentation: Public Private Partnership Opportunities: - Public Assistance into Private Projects • Economic Development/Redevelopment • Land Use/Zoning • Real Estate Assets/Long Range Property...more

California Adopts Energy Storage Procurement Framework

California’s Public Utilities Commission (CPUC) has adopted the country’s first energy storage procurement targets requiring utilities to integrate energy storage resources into the state’s electricity grid. Pursuant to the...more

1.3 GW California Energy Storage Procurement Mandate Approved

The California Public Utilities Commission has unanimously approved a 1,325 MW energy storage procurement target for the state’s largest utilities in Decision 13-10-040. PG&E, SDG&E, and SCE must collectively procure 1,325 MW...more

California Takes the Lead With Energy Storage Procurement Targets

In a first-of-its-kind move in the United States, a California Public Utilities Commission (CPUC) order made effective today sets specific energy storage procurement targets for 2020 covering enough power to serve...more

Tweaked & Overhauled: The Latest on Virginia Construction Law

Each year, Virginia’s legislature overhauls or tweaks existing legislation and occasionally enacts entirely new legislation of which construction industry operators should remain aware. This year was no exception. The...more

Procurement CFC May Or May Not Generate Subpart F Income

A recent private letter ruling illustrates how a non-U.S. procurement corporation can generate Subpart F income, but also illustrates an exception to the creation of that income....more

The Projects and Construction Review, Chapter 22 "Italy"

The current state of Italian project finance is the result of a trend initiated more than 20 years ago, when public resources started to become scarce and the construction or infrastructure needed private funds to be carried...more

REGULATORY: EU Competition Law: Competition Law and the Energy Sector – EU, UK, and Beyond; Looking Ahead to 2013

Since it is early in 2013 (according to the Gregorian calendar), this competition law update considers possible competition law developments in the year ahead. Rather than a “Janus” approach of rounding up last year, it...more

UK Public Procurement Law Digest: In-house Tender Rules for Mutuals and Shared Services

Many government entities across Europe deliver services through municipal or public-owned companies. Such entities are less common in the UK, although the issue is increasingly on the agenda, with a strong preference...more

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