For the next state in this series, we focus on the bid protest procedures in Pennsylvania
One form of collusion prohibited by the Sherman Antitrust Act is bid rigging. When business contracts are awarded by soliciting competitive bids, competitors can utilize bid rigging to artificially raise prices[2]. Bid rigging is most common in markets where there are few sellers, the product produced by competitors is homogeneous, frequent purchases allow competing vendors to become familiar with one another, and/or bidders are congregated in the same building or town. While bid rigging is often difficult to detect, there are certain patterns that can indicate its existence. Suspicious patterns include the same company consistently winning a procurement, the same companies taking turns being the successful bidder, and fewer than the normal number of competitors submitting bids[3]
Security, especially cybersecurity, can prove a challenge, and those receiving, drafting or issuing bids would be wise to consider potential problems before they become a reality...Require any employee with access to bid requests to sign an NDA.
Quigley of Bradley Arant Boult Cummings LLP Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, for example, our post on “ Bid Protests in New York ” and our “ Update on Bid Protests in Alabama ”). For the next state in this ongoing series, we focus on the bid protest procedures in the Commonwealth of Virginia
The amendments are effective October 1, 2020, are not retroactive, and do not apply to projects advertised for bid prior to the effective date
The Final Rule becomes effective on March 8, 2021 – until then, the Final Rule may be subject to postponement, amendment, etc. because the Biden Administration (as many administrations have done in the past) has the ability to postpone the effective dates of final rules and/or rescind them entirely.
[1] The violative bid specification required that the price of the base bid determine the low bidder, without consideration of prices bid for alternate work.
To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor written notice of its claim within 90 days of the date it last performed work on a federal project and (2) file suit against the bond for any outstanding nonpayment within one year of the date work was last performed
Surety Bond Quarterly keeps you up to date with personalities and trends as the industry’s top experts author in-depth features on legal, financial, and business practices
The inability to obtain materials may force painting contractors into a position where they cannot advance painting work, cannot retain painting crews, and may be asked to perform work in 2023 they had bid and scheduled for 2022. What Can the Industry Do to Manage Risks? Pre-bid, contractors must evaluate the availability of specified coatings and options for advance purchase and storage, confirm and lock-down material delivery timing, and account for any time and cost impacts associated with securing the materials