News & Analysis as of

Competitive Bidding

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

Deepwater Wind proposes offshore wind, battery storage for MA RFP

by PretiFlaherty on

Massachusetts energy regulators are reviewing bids to supply clean energy from new sources -- including a combined offshore wind and energy storage project proposed by developer Deepwater Wind. Rhode Island-based Deepwater...more

FCPA Investigations – Competitors Dropping the Dime

by Bryan Cave on

We often are asked how the U.S. government finds out about potential Foreign Corrupt Practices Act (FCPA) violations. Internal company whistleblowers are perhaps the main source....more

Mexico's "Red Troncal" project

by White & Case LLP on

General Guidelines for the Red Troncal Project - On July 17, 2017, Telecomm issued preliminary general guidelines for the Red Troncal Project. This document outlined the general criteria through which Telecomm seeks to...more

Telecomm Publica los Criterios Generales Para un Posible Concurso del Proyecto de la Red Tronca

by Holland & Knight LLP on

El organismo público descentralizado Telecomunicaciones de México (Telecomm) publicó, el 17 de julio de 2017, los criterios generales que podrían aplicarse al posible concurso para el desarrollo y crecimiento de la Red...more

Telecomm Releases General Criteria For Potential Backbone Network Project Bids

by Holland & Knight LLP on

The Mexican government agency, Telecomm, on July 17, 2017, released the general criteria for a potential bid for the development and expansion of the Backbone Network Project (Red Troncal)....more

Ohio Appeals Court Holds That Contractor Who Seeks Application of HOOP Formula to Calculate Home Office Overhead Need Not Prove...

by Pepper Hamilton LLP on

Wood Elec., Inc. v. Ohio Facilities Constr. Comm’n, 10th Dist. Franklin No. 16AP-643, 2017-Ohio-2743, 2017 Ohio App. Lexis 1745 (May 9, 2017) - The Ohio Facilities Construction Commission (“OFCC”), together with a school...more

Auction Over: The Results are in for the Third Zombie License Auction

We have now completed the latest phase of the zombie license auctions held by the Pa.L.C.B. since being permitted under Act 39 of 2016. As this is now the third phase of the zombie license auctions, we are starting to notice...more

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

Massachusetts Issues New RFP for 400 MW of Offshore Wind Energy Projects; December 2017 Bid Deadline

by Pierce Atwood LLP on

This week, the Massachusetts investor-owned electric distribution companies (Distribution Companies), in coordination with the Massachusetts Department of Energy Resources (DOER) (together, Soliciting Parties), issued a joint...more

Procurement Pulse - June 2017

by DLA Piper on

Procurement legislation provides certain guidance on how to run an impartial procurement process - including minimum time limits for submitting expressions of interest or bid documentation, prescribed criteria for selecting...more

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