News & Analysis as of

Competitive Bidding

Connecticut Issues New RFP For Offshore Wind, Fuel Cell, And Anaerobic Digestion Projects; Sets April 2018 Deadline For Bid...

by Pierce Atwood LLP on

Last week, the Connecticut Department of Energy and Environmental Protection (DEEP) issued a request for proposals to procure up to 899,250 MWh/year of renewable energy and associated Renewable Energy Certificates (RECs) from...more

Rhode Island To Issue New RFP For 400 Megawatts of Clean Energy

by Pierce Atwood LLP on

This week, Rhode Island Governor Gina M. Raimondo directed the Office of Energy Resources to work with the state’s utilities in issuing a request for proposals (RFP) for 400 megawatts of clean energy from solar, wind, and...more

Does the Rural Healthcare Program Need a Check-Up? Program Under Microscope Following $18.7 Million Proposed Fine for Fraud

by Kelley Drye & Warren LLP on

The Rural Health Care Program (“RHCP”) is sure to face increased scrutiny in the wake of a $18.7 million proposed fine issued by the Federal Communications Commission (“FCC”) at its January meeting against a...more

Mexico's Energy Industry Round 2.4: Mexico's Deep Water Success

On January 31, 2018, the Comisión Nacional de Hidrocarburos (“CNH”) completed the Presentation and Opening of Bid Proposals for the Fourth Tender of Round Two (“Round 2.4”), which was first announced on July 20, 2017. Round...more

Impugnaciones a licitaciones para pequeñas empresas

by Bilzin Sumberg on

Una impugnación de licitación es un método que permite que un licitante de un contrato gubernamental dispute formalmente la decisión o el proceso de selección del gobierno. Los procedimientos de impugnación de licitaciones...more

FCC to Consider CAFII Auction Public Notice, CAFII Auction Slated to Begin July 24

by Womble Bond Dickinson on

On January 9, the Federal Communications Commission (FCC or Commission) has released a fact sheet and draft Connect America Fund Phase II (CAFII) Auction Public Notice (Draft PN) – an item the Commission will consider at its...more

Highly Anticipated Report on Bid Protests is Finally Here!

RAND Corporation recently issued its much-anticipated report on the prevalence and impact of bid protests. The report, which was issued at the direction of Congress, contains a plethora of important—and interesting—findings,...more

Bidding Thresholds for 2018 Rise

by Barley Snyder on

The Pennsylvania Department of Labor & Industry’s municipal authority and municipality bidding thresholds will rise 2.2 percent in 2018. ...more

The 2018 NDAA in detail - What contractors need to know

by Dentons on

On Tuesday, December 12, 2017, President Trump signed the fiscal year 2018 (FY18) National Defense Authorization Act (NDAA) into law (Pub. L. 115-91). An annual defense policy bill, the NDAA is a critical piece of legislation...more

West Virginia, Tightening the Belt, and Growth - Financing Public Improvements in Lean Budget Times

Since 2008, many state and local governments around the country have faced budget challenges. As lawmakers struggle to produce balanced budgets in the face of declining revenues, investment in public improvements, such as...more

Massachusetts EDCs Issue New RFP For 100 MW Of New Solar PV Generation; Bids Due December 5

by Pierce Atwood LLP on

The Massachusetts electric distribution companies (EDCs), in consultation with the Department of Energy Resources (DOER) have issued a new request for proposals (RFP) seeking offers from eligible solar photovoltaic (Solar PV)...more

GAO Bid Protest Sustain Rate Remains High in FY 2017

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. Of particular note, the report states that, “[o]f the protests resolved on the merits during fiscal year 2017, [GAO]...more

Mentor Protégé Joint Venture Allowed to Proceed with Contract Even Though Ineligible to Bid

by Bass, Berry & Sims PLC on

In an unsealed opinion on October 30, 2017, U.S. Court of Federal Claims Judge Nancy Firestone held that a company, which should have been deemed ineligible from bidding, was allowed to proceed with a contract award because...more

Third Circuit Reinforces that Rules are Not Meant to Be Broken

The Third Circuit recently held, in Schepis v. Burtch (In re Pursuit Capital Management, LLC), No. 16-3953, 2017 WL 4783009 (3d Cir. Oct. 24, 2017), that under section 363(m) of the Bankruptcy Code, if a party does not seek a...more

Bid Protests in Colorado: Important New Changes

Colorado recently overhauled its Procurement Code. The legislature changed rules governing bid protests of state-funded procurements. We offer a user-friendly overview of the “new” Colorado bid protest process in this blog...more

Oil, Gas and the Electronic Transactions Act

by Gray Reed & McGraw on

In the spirit of Halloween, Le Norman Operating v. Chalker Energy Partners III is about a scary statute: The Texas Uniform Electronic Transactions Act, the UETA....more

Public Construction Contracts - Changes

by Ruder Ware on

The Wisconsin Legislature is considering a new bill that would significantly change requirements for competitive bidding of public construction contracts by local government units and school districts. Currently, school...more

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

by Dechert LLP on

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

FCPA Accounting Provisions Have Teeth: Halliburton to Pay $29.2 Million to Settle FCPA Charges

Along with the anti-bribery provisions, the U.S. Foreign Corrupt Practices Act (“FCPA”) contains accounting provisions that apply to publicly traded companies. These provisions require that companies maintain and adhere to...more

Owners Should Avoid Exercising Control over Contractors Means and Methods of Performing the Work - Construction and Procurement...

An owner that dictates a contractor’s means and methods of constructing a project can be liable to the contractor for breach of contract. In the Port of Houston Auth. v. Zachry Constr. Corp., a case from one of the courts of...more

Pa.L.C.B. Announces Fourth Restaurant Liquor License Auction Under Act 39 of 2016

The Pennsylvania Liquor Control Board has announced the fourth restaurant liquor license auction, which is permitted under Act 39 of 2016. These auctions are for “zombie licenses” that have been expired and in possession of...more

Wisconsin High Court Affirms High Summary Judgment Bar to Trade Secret Misappropriation Claims

by Seyfarth Shaw LLP on

A recent decision from the Supreme Court of Wisconsin affirmed a trial court’s grant of summary judgment in favor of a defendant accused of conspiring to misappropriate its competitor’s trade secrets. By a 4-3 decision in...more

The Section 363 Sale Process: Buying Assets from a Bankrupt Company

by Ward and Smith, P.A. on

Businesses struggle and bankruptcies are filed for a number of reasons, regardless of the economic climate. While unfortunate, this provides opportunities for others to purchase assets of distressed companies through the...more

Massachusetts Receives Nearly Four Dozen Bids in Response to Request for Proposals for Renewable Energy Generation

In early April 2017, the Massachusetts Department of Energy Resources (DOER) partnered with investor-owned electric distribution companies across the state to jointly issue a request for proposals (RFP) for renewable energy...more

N.C. Governor Signs H.B. 589

by Foley & Lardner LLP on

North Carolina Governor Roy Cooper has signed H.B. 589 into law. H.B. 589, otherwise known as the Competitive Energy Solutions Plan, adds the following features to the already robust North Carolina solar industry: competitive...more

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