Pay to Play Risk is High due to New Jersey 2021 Elections: Reduce your risk now!
Ohio’s political subdivisions - such as townships, counties, and municipalities - are authorized to enter into contracts under the Revised Code. Although political subdivisions have the power of local self-government,...more
Legislation has been signed into law in Virginia that expands the maximum thresholds for job order contracting by the Commonwealth. Job order contracting allows a public body to award a contract to one entity to cover...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
In a recent post, we examined the practical impact of SB 264 (Chapter No. 2023-33, Laws of Florida) on foreign investment in Florida. The new law, which took effect on July 1, 2023, among other things, restricts certain...more
Effective October 3, 2023, the construction competitive bidding threshold for certain Ohio political subdivisions including libraries, counties, and townships will increase from $50,000 to $75,000 through 2024, and will...more
A review of the statutory qualifications-based selection process and a new exception to the process - Ohio public entities are required to follow a qualifications-based selection (QBS) process when hiring an architect,...more
In a decision on April 28, 2022, in Dobco, Inc. v. Bergen County Improvement Authority, the New Jersey Supreme Court affirmed an injunction requiring the Bergen County Improvement Authority (BCIA) to use a public bidding...more
A review of the statutory qualifications-based selection process and when it is required - Ohio public entities are required to follow a qualifications-based selection (QBS) process when hiring an architect, engineer or...more
The District of Columbia’s pay-to-play law will go into effect on November 9, 2022. The law was originally scheduled to take effect on November 4, 2020, but was postponed because of a lack of funding....more
Smart government contractors don’t take just one bite at the apple when responding to a solicitation like a request for proposals (RFP) or invitation to negotiate (ITN). They hedge their bets by submitting “alternate” or...more
In the early hours of July 1, 2008, a comprehensive, multi-faceted piece of legislation was agreed upon in Albany between legislative leaders and our "accidental governor," David Paterson (i.e. elevated to the position as a...more
The basis for Florida’s competitive procurement of commodities or contractual services may be found in Section 287.017 (purchasing thresholds) and Section 287.057 (procurement methods) Florida Statutes. These procedures apply...more
On June 26th, Governor Janet Mills signed new legislation to broaden customer access to net metering (known in Maine as net energy billing, or NEB) and to promote distributed energy generation, including through competitive...more
This is the final post in our three-part series on state level government contract claims, and the accompanying dispute processes, in the DMV. This post discusses the claims and disputes process for government contracts in...more
Maryland “public work” contractors and subcontractors better be checking their payroll, and then checking it twice, because Senate Bill (“SB”) 300 just came to town! Of course, this level of payroll diligence should already...more
This is the second part of our three-part discussion of state government contract claims and dispute processes in D.C., Maryland, and Virginia (see part 1 discussing the claims and disputes process in Maryland here). This...more
During the course of performance on a state level government contract, even the smoothest relationships between the contractor and its government customer can go awry. This can happen for a multitude of reasons—ambiguous...more
House Bill 1728 would amend the relevant Arkansas statutory provisions addressing the award procedure for certain public improvements. Arkansas Code § 22-9-203(j)(1) and (2) concerning the award procedure for public...more
Under Pennsylvania's pay-to-play disclosure law, any business entity that has been awarded any no-bid contract by the Commonwealth of Pennsylvania or any of its political subdivisions must file a disclosure with the...more
On June 8, 2018, Montana Gov. Steve Bullock signed Executive Order No. 15-2018 (the order), enacting new pay-to-play disclosure requirements. The order is notable in that it not only requires disclosure of certain contractor...more
For the second post in our three part series regarding state-level bid protests in the DMV, we turn our attention to the District of Columbia. In our first post we discussed the authorities and procedures for Maryland...more
This is part 1 of a 3 part series discussing state-level bid protests in the DMV. For a contractor who just expended significant time and money to bid on a DMV state-level government contract, only to watch the award...more
If your company has a contract (or hopes to win a contract) with a public body in the Commonwealth of Virginia, then you likely are aware of the dominant role the Virginia Public Procurement Act (VPPA) will play in the public...more