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However, the Bombay High Court rejected the challenge on the grounds that the circumstances of bias alleged by Avitel did not pass the reasonable third person test, contemplated under General Standard 2(b) of the IBA Guidelines on Conflict of Interest in International Arbitration, 2004 (“ IBA Guidelines 2004 ”).
In recent years, many States have signed investment treaties containing this type of clause based on the US Model BIT (2004), which itself reflects NAFTA case law following the FTC 2001 Note of Interpretation , which clarified that tribunals must apply the MST and no other standard. 444-45, 448-49, 455ff., 420-23).
114-125 ) to increase the de minimis threshold for imports into the United States from $200 to $800, far exceeding similar thresholds in other countries globally. International Trade Commission (“ITC”), Section 321 imports account for a substantial share of all U.S. 2004 and H.R. Blumenauer.
This was a crucial issue and the outcome of this case could have provided much needed clarity on the extent to which the Commission does, and indeed must, take procurement law into account in the assessment of State aid measures that involve the award of public contracts. In this post, I will focus on issues 1 and 2.
To be at the 100-employee threshold, the employer must be a “business enterprise that employs— (i) 100 or more employees, excluding part-time employees; or (ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive of hours of overtime.” [57] 10, 2022), available at [link]. [35]
18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.
For example, FAR 16.505(b)(1)(iii)(B)( 2 ) states, regarding an order that exceeds the simplified acquisition threshold, that a Contracting Officer shall “[a]fford all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered.” 22, 2004); Zafer Constr. 50] See id. at 27,355. [51]
For most contractors/subcontractors, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) will not apply unless the employer is a health plan, healthcare clearinghouse, healthcare provider, or a business associate thereto. [75] a personal services contract), it should not be subject to the GovCon Order. [18]
No contractor wants to experience massive labor disruption on account of sick days attributed to COVID-19. Consequently, ideally, a Government official will just ask for an anonymized accounting of who is/is not vaccinated. 19, 2004) (quoting Liles Constr. See, e.g. , Adv. Eng’g and Planning Corp., United States , 455 F.2d
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