Common use of Rejection or Non-Acceptance of Bids Clause in Contracts

Rejection or Non-Acceptance of Bids. BOEM reserves the right and authority to reject any and all bids that do not satisfy the requirements and rules of the auction, the FSN, or applicable regulations and statutes. behavior in this sale is subject to Federal antitrust laws. Accordingly, following the auction, but before the acceptance of bids and the issuance of leases, BOEM will ‘‘allow the Attorney General, in consultation with the Federal Trade Commission, 30 days to review the results of the lease sale.’’ 43 U.S.C. 1337(c). If a bidder is found to have engaged in anti-competitive behavior in connection with its participation in the competitive bidding process, XXXX may reject the provisionally winning bid. Compliance with BOEM’s auction procedures and regulations is not an absolute defense to violations of antitrust laws. Anti-competitive behavior determinations are fact-specific. However, such behavior may manifest itself in several different ways, including, but not limited to: • An express or tacit agreement among bidders not to bid in an auction, or to bid a particular price; • An agreement among bidders not to bid; • An agreement among bidders not to bid against each other; or • Other agreements among bidders that have the potential to affect the final auction price. BOEM will decline to award a lease pursuant to 43 U.S.C. 1337(c) if the Attorney General, in consultation with the Federal Trade Commission, determines that awarding the lease would be inconsistent with the antitrust laws. For more information on whether specific communications or agreements could constitute a violation of Federal antitrust law, please see: http:// xxx.xxxxxxx.xxx/xxx/xxxxxx/xxxxxxxx- resources.html, or consult legal counsel. post-auction reviews have been completed to XXXX’s satisfaction, BOEM will issue three unsigned copies of the lease to the provisionally winning bidder. Within 10 business days after receiving the lease copies, the provisionally winning bidder must:

Rejection or Non-Acceptance of Bids. BOEM reserves the right and authority to reject any and all bids that do not satisfy the requirements and rules of the auction, the FSN, or applicable regulations and statutes. . i. Anti-Competitive Review: Bidding behavior in this sale is subject to Federal antitrust laws. Accordingly, following the auction, but before the acceptance of bids and the issuance of leases, BOEM will ‘‘“allow the Attorney General, in consultation with the Federal Trade Commission, 30 days to review the results of the lease sale.’’ ” 43 U.S.C. 1337(c). If a provisionally winning bidder is found to have engaged in anti-competitive behavior in connection with its participation in the competitive bidding process, XXXX BOEM may reject the its provisionally winning bid. Compliance with BOEM’s auction procedures and regulations is not an absolute defense to violations of antitrust laws. Anti-competitive behavior determinations are fact-specific. However, such Such behavior may manifest itself in several different ways, including, but not limited to: • : 1. An express or tacit agreement among bidders not to bid in an auction, auction or to bid a particular price; • ; 2. An agreement among bidders not to bid; • bid or not to bid on one of the Lease Areas; 3. An agreement among bidders not to bid against each other; or • or 4. Other agreements among bidders that have the potential to affect the final auction price. Pursuant to 43 U.S.C. 1337(c), BOEM will decline to award a lease pursuant to 43 U.S.C. 1337(c) if the Attorney General, in consultation with the Federal Trade Commission, determines that awarding the lease would be inconsistent with the antitrust laws. For more information on whether specific communications or agreements could constitute a violation of Federal antitrust law, please see: http:// xxx.xxxxxxx.xxx/xxx/xxxxxx/xxxxxxxx- resources.html, see xxxxx://xxx.xxxxxxx.xxx/atr/business-resources or consult legal counsel. post-auction reviews have been completed to XXXX’s satisfaction, BOEM will issue three unsigned copies of the lease to the provisionally winning bidder. Within 10 business days after receiving the lease copies, the provisionally winning bidder must:.