Ohio has eliminated requirements that state contractors maintain written affirmative action programs (AAPs) and that bidders for public improvement construction projects receive affirmative action certifications. ...more
The Government Accountability Office (GAO) recently released its 2024 Bid Protest Annual Report (Report), providing statistics on protests, cost claims, and requests for reconsideration at GAO this year. In this blog,...more
On April 2, 2024, The New Jersey Superior Court, Appellate Division reversed a decision of the trial court that upheld the $2 million award of a ferry services contract under Monmouth County’s purportedly “hybrid” procurement...more
Last month, in Snyder v. United States, the Supreme Court of the United States narrowly construed the federal anti-bribery statute. In that case, the mayor of Portage, Indiana worked with other officials to carefully prepare...more
Florida Governor Ron DeSantis recently signed a bill into law that will enable procurement authorities in Florida to accept unsolicited proposals for public-private partnerships (P3s) without undertaking a public bidding...more
You’re a federal government contractor who just won a contract award. But, before you pop the champagne, there’s a hiccup: a competitor filed a bid protest challenging your award. “Oh, well,” you think, “the government can...more
Who would have thought politicians can work for tips? Well, that is what Portage, Indiana Mayor Jim Snyder argued (more or less) before the Supreme Court last month, when he sought to overturn his conviction under 18 U.S.C. §...more
The New Jersey Superior Court, Appellate Division recently reversed a decision of the trial court that upheld the $2 million award of a ferry services contract under Monmouth County’s purportedly “hybrid” procurement process....more
In response to a Petition for Rulemaking filed on June 22, 2022 (Petition), the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Inquiry (NOI) on March 21, 2024, seeking additional information...more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more
Effective October 3, 2023, the threshold amount for rejecting bids when they exceed the original construction estimate will increase for certain Ohio public entities. Previously, Ohio Revised Code (ORC)153.12 specified that...more
Se publicó el 15 de enero de 2024, en la Gaceta Oficial de la República de Panamá, la Resolución No. MIPRE-2024-0001384 "Que recomienda adoptar medidas para la contratación de potencia y/o energía para garantizar, en el largo...more
The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes: Section 39-1-1 - Section 39-1-1 mandates...more
North Carolina statutes permit State agencies and local governments (the "government") to use alternatives to traditional bid-build approaches to construction. Two popular options are construction manager at risk and...more
As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government...more
Impact on public procurement procedures. The EU Foreign Subsidies Regulation (FSR) was published on 23 December 2022. It will take effect on 12 July 2023 and provides for mandatory notification requirements from 12...more
La Comisión de Regulación de Energía y Gas (CREG) de Colombia inició la convocatoria a la cuarta subasta de expansión para la asignación de Obligaciones de Energía en Firme (OEF) que estará a cargo del Administrador del...more
The Pennsylvania Department of Labor & Industry’s municipal authority and municipality bidding thresholds will increase 8.2% in 2023, compared to the 12-month period ending September 30, 2022. The Department published...more
California’s first upcoming offshore wind lease sale, scheduled for December 6, 2022, is the next major step forward for clean energy in the Golden State. The Bureau of Ocean Energy Management (BOEM) and the State of...more
The Department of Transportation (DOT) recently published a notice in the Federal Register of proposed rulemaking (NPRM) to amend the Disadvantaged Business Enterprise (DBE) and the Airport Concession Disadvantaged Business...more
The Pennsylvania Liquor Control Board (PLCB) will be auctioning 21 expired restaurant licenses on November 2, 2022. Sealed auction bids are due by October 31, 2022. The minimum bid for each license is $25,000.00....more
Last month, the Missouri Office of Administration (OA) posted notices to the MissouriBUYS website and OA’s bid document portal announcing that the agency will be restricting public access to bid documents to avoid running...more
On June 29, 2022, Governor Pritzker signed Public Act 12-1101 (House Bill 4813) into law, amending Section 10-20.21 of the Illinois School Code, which generally requires contracts that are subject to the bidding process to be...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
Legislative Update Alert - SF 183 - On Tuesday, June 14, 2022, Governor Reynolds signed into law SF 183 (Iowa Legislature - BillBook) related to alternative delivery methods for public improvement projects....more