News & Analysis as of

Public Procurement Policies

GAO Clarifies Rules For Conflict Of Interest Waiver Protests

The U.S. Government Accountability Office recently issued a decision in which it clarified the rules regarding bid protests that challenge an agency’s organizational conflict of interest waiver. As discussed below, the GAO’s...more

Bid Protests of State Procurements in the DMV (D.C., Maryland, and Virginia) Part 3 of 3 – Virginia

by Miles & Stockbridge P.C. on

In our previous two posts, addressing bid protests in D.C. and Maryland, we provided the reader with a survey of the authorities and relevant protest procedures for procuring agencies in those jurisdictions. Those articles...more

When to challenge public contract awards – lessons learned from the UK passport saga

by Allen & Overy LLP on

Following its initial outcry and garnering of (some) public support, the current UK passport manufacturer De La Rue backed down from its challenge of the Government’s decision to award the new post-Brexit blue passport...more

California Regulatory Happenings for the Week of April 16 ,2018

by Buchalter on

CPUC Commissioner’s Meeting - The next Commission meeting is scheduled for 4/26/18. Agenda Items of Interest: #2 Approval of request for modifications to electric Rule 21 tariff to incorporate smart inverter phase 3...more

Rebuilding Texas: Competitive Sealed Proposals and Job Order Contracting

Texas public procurement statutes allow for several alternative delivery methods on public projects. This article explains how Texas public procurement statutes regulate Competitive Sealed Proposals and Job Order Contracting...more

Rebuilding Texas: Design-Build in Public Procurement

In this article, the authors will explore the design-build delivery method under the Texas public procurement statutes. Design-build is a project delivery method in which the public owner hires one entity to perform both the...more

Public Procurement in Texas: Overview and Key Issues

In late August of 2017, Hurricane Harvey dropped a staggering 40-61 inches of rain across southeast Texas. Individual drops of water combined to create over $180 billion worth of estimated damages to public and private...more

The President’s “Infrastructure Plan” Has Been Revealed... But What Does It Really Mean?

by Morrison & Foerster LLP on

Several weeks ago, the Trump Administration revealed its long-awaited plan for renewing US infrastructure with the release of its Legislative Outline for Rebuilding Infrastructure in America (“Outline”). Like many of you, we...more

Russian Legislation Update: January – February 2018

by White & Case LLP on

Welcome to the most recent issue of our Russian Legislation Update, covering the period of January – February 2018. In this issue: - Banking - Currency Control - Anti-Money Laundering - Disclosure of Information -...more

FCA Materiality May Return to High Court

by Morrison & Foerster LLP on

In Escobar, the U.S. Supreme Court held that a defendant could be found liable under the False Claims Act for submitting impliedly false claims for payment. Under the implied certification theory of liability, a claim for...more

Ontario Responds to “Buy American” Measures with the Fairness in Procurement Act, 2018

The Government of Ontario has passed the Fairness in Procurement Act, 2018 (Act) in response to measures taken in certain U.S. jurisdictions that restrict Ontario businesses’ opportunities to participate in public...more

Contracting Authorities Face Uphill Task In Lifting Automatic Suspension in Procurement Disputes

The Supreme Court decided last year in Nuclear Decommissioning Agency v Energy Solutions EU Ltd [2017] UKSC 34 (“the NDA case”) that a claimant no longer had an automatic right to damages for a breach of the public...more

Community Choice Aggregators in California: Key Considerations for Financing CCA PPAs

by Latham & Watkins LLP on

Financing energy projects that have entered into PPAs with CCAs presents unique challenges for lenders and investors. Key Points: ..In recent years, CCAs have begun supplying energy to a growing number of consumers in...more

California May Need up to 2,000 MW of New Battery Energy Storage Resources by 2030, Commission Finds

On February 8, 2018, the California Public Utilities Commission (“CPUC”) adopted a new procurement process in a decision which suggested that 2,000 MW of new battery energy storage resources may be needed in California by...more

[Webinar] Virginia Procurement Technical Assistance Program: Contract Performance 3-Part Webinar Series - Part II - Using the CDA...

Maria Panichelli and Robert Ruggieri are presenting a 3-part educational webinar series for the Virginia Procurement Technical Assistance Program on contract performance. Part II - Using the CDA Litigation Process to Resolve...more

The Benefits of Commercial Item Contracting

by Williams Mullen on

Commercial Item Contracting is intended to benefit both the government and contractors, but those benefits can sometimes get lost in the shuffle. Reminding the parties why Commercial Item Contracting was implemented can help...more

EU & Competition Law Update - January 2018

When is pricing discriminatory? We reported in January 2017 on how a Portuguese Court had asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent...more

New Procurement Threshold Values Apply Across Europe from January 1, 2018

Every two years, the European Union updates the threshold values that trigger the need for a regulated public procurement exercise across Europe. The financial thresholds effective from January 1, 2018 have now been...more

Mandatory Changes Proposed to UK Government Contracts’ Data Privacy Terms

The UK government has announced that it intends to write to all government contractors in order to make unilateral changes to all UK government contracts to comply with impending changes in EU data privacy law....more

Why Brexit Could Limit Damages in Procurement Challenges

A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the possibility that aggrieved suppliers in public procurement cases in the UK run the risk of losing their future rights to...more

When Is a Private Company Considered a Public Body and Subject to the EU Procurement Rules?

by Bryan Cave Leighton Paisner on

The case itself is a judgement of 5 October 2017, following a request for a preliminary ruling from a regional court in Lithuania to the ECJ. The question submitted was essentially should a private company established by the...more

[Event] Selling Unmanned Systems Products and Services to Federal, State and Local Government Agencies - November 15th, Tysons, VA

by Williams Mullen on

Williams Mullen is hosting a seminar on “Selling Unmanned Systems Products and Services to Federal, State and Local Government Agencies” from 8:00 – 11:00 a.m. on November 15, 2017 at the Tower Club in Tysons, VA to help...more

EU & Competition Law Update – October 2017

by Bryan Cave Leighton Paisner on

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public...more

International Competition Network Addresses Bid-Rigging in Government Procurement

In October 2017, Canada’s Commissioner of Competition John Pecman (Commissioner) joined competition law enforcement authorities from around the world in Ottawa for the International Competition Network’s (ICN) 14th annual...more

No Company is an Island – Part 2: Joint Ventures and Affiliation

by Williams Mullen on

Last time on “No Company is an Island,” we addressed the ways that the traditional prime-subcontractor relationship can result in a determination that two teaming partners are affiliated and, as a result, not a small business...more

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