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Competitive Bidding Contractors

Morrison & Foerster LLP - Government...

November 2023 Bid Protest Roundup

This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more

Bass, Berry & Sims PLC

Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice

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On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation...more

PilieroMazza PLLC

President Biden Signs PRICE Act to Reform Federal Procurement and Help Federal Small Business Contractors

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President Biden recently signed the PRICE Act (Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act). The Act expands opportunities for small businesses to work with the federal...more

Cohen Seglias Pallas Greenhall & Furman PC

New Jersey Public Bidding: Bid Defects That are Likely Fatal

Every contractor who bids on public projects in New Jersey knows the gut-wrenching feeling of spending weeks reviewing project specifications and drawings, performing site visits, attending mandatory bid meetings, and...more

Perkins Coie

Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot

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A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the...more

Shutts & Bowen LLP

Bidding Smarter in Florida: Knowledge is Power – The Public Records Act

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Everyone has heard the old saying “knowledge is power.”  In Florida, the Public Records Act, Ch. 119, Fla. Stat., is a powerful tool that contractors should use to empower themselves in competitive bid situations. Governments...more

Bricker Graydon LLP

[Webinar] School Construction - Understanding Procurement and Delivery Models (Pre-K to 12) - February 26th, 12:00 pm ET

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When preparing for a construction project, one of the first decisions that must be made is whether to use a general contractor, construction manager at risk or design-build delivery model. Join Bricker attorneys Laura...more

Stinson - Government Contracting Matters

EAJA Provides Relief to Construction Contractor for Government’s Bad Actions

In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA),...more

Stinson - Government Contracting Matters

Small Business Runway Act Regulation Goes Into Effect – You May Have a Choice in How to Calculate Your Size

Being a small business can have its advantages. Federal procurement rules provide that certain contracting opportunities may be set-aside for small business competition. Small businesses also may be exempt from certain...more

Best Best & Krieger LLP

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Burr & Forman

When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.

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Sometimes you “do” bad things.  Sometimes you “look like” you do bad things.  Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good.  In the world of...more

Faegre Drinker Biddle & Reath LLP

What Source Selection Method Will Create ‘Best Value’ for Your Construction Project?

When forming a construction contract, owners and developers are working to create an agreement that maximizes the quality of the project and minimizes the time and cost to complete. While this goal of attaining “best value”...more

Cozen O'Connor

PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions

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PennDOT recently awarded the second phase of a local state highway improvement project to Allan Myers, L.P., one of the top nonunion construction and materials companies building infrastructure projects throughout the...more

BCLP

Construction 2020: United Kingdom

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Foreign pursuit of the local market - If a foreign designer or contractor wanted to set up an operation to pursue the local market, what are the key concerns they should consider before taking such a step? Originally...more

Burr & Forman

Words and Numbers: Contractor Forfeits Bid Bond When It Mistakenly Leaves Out “Thousand” Word

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Contractors make mistakes with words. Contractors make mistakes with numbers. And sometimes, a mistake with words leads to a mistake with numbers....more

Troutman Pepper

Alert to Contractors – California Court of Appeals (2d App. Dist.) Rules Subcontractor Price in Proposal Containing Material...

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Flintco Pacific, Inc. v. TEC Management Consultants, Inc., 2016 Cal. App. LEXIS 594 (Cal. App. 2d Dist. June 21, 2016) - There was an important California decision published on July 19, 2016 (decided June 21, 2016)...more

Baker Donelson

Louisiana Fourth Circuit Holds Public Bid Invalid Absent Written Evidence of Authority to Sign Bid

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Contractors that bid public projects in Louisiana are familiar with the Public Bid Law's requirement that "[w]ritten evidence of authority of the person signing the bid for public works shall be submitted at the time of...more

Saul Ewing LLP

Construction Law Advisory - August 2015

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Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

Cohen Seglias Pallas Greenhall & Furman PC

New Jersey Supreme Court to Consider Important Public Bidding Case – Practical Considerations for Contractors

In April, the New Jersey Supreme Court agreed to review the case of Waste Management of New Jersey, Inc. v. Mercer County Improvement Authority. The matter concerns a defect in a bid submitted under the New Jersey Public...more

Sheppard Mullin Richter & Hampton LLP

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

Stinson LLP

Minnesota Legislature Tweaks Responsible Contractor Act

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The Minnesota legislature recently passed a bill amending Minnesota’s Responsible Contractor Act. Going into the session, contractor lobbyists knew they could not expect of the law to be repealed. Their goal was to reduce...more

Saul Ewing LLP

Construction Law Advisory - May 2015

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In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more

PilieroMazza PLLC

Another Potential Option for Disappointed Bidders in LPTA Procurements

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In today’s contracting atmosphere, government agencies are increasingly relying on procurements conducted on a lowest-priced, technically-acceptable (“LPTA”) basis. It is not uncommon in such competitions for the winning...more

Pullman & Comley, LLC

Appellate Court Notes

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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

Spilman Thomas & Battle, PLLC

Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?

A major development and infrastructure project is announced that will provide significant work to a construction manager, general contractor (“GC”), and many subcontractors (“Sub”) across the building trades. The architect...more

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