How to Crack a Nut

MARCH 28, 2023

Given that above threshold procurement data is already (in the process of being) captured at EU level, the PPDS is very much about data on procurement not covered by the EU rules—which represents 80% of all public procurement contracts.

Procurement 52

Procurement Public Procurement Buyers Thresholds 52

Kluwer Arbitration

MAY 23, 2024

The Program commenced in January 2017 and was linked with similar programs in California and Québec. Implications for Emissions Trading Businesses The Tribunal’s application of NAFTA Article 1139(h) may affect the threshold for activities that emissions trading businesses must undertake in the host State to qualify for investment protection.

Participation 75

Participation Purchasing Accountability Price 75

Kluwer Arbitration

FEBRUARY 12, 2024

993 of 2017 of 4 February 2018, which held that arbitration is an equally valid dispute resolution forum as litigation and Case No. 993 of 2017 The Appellant, a distributor, and the Respondent, a foreign distributor, entered into an agreement on the distribution of a specific range of sports products in various territories.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. In 2017, SADC issued a revised model BIT , which, like the PIA, provides fair administrative treatment in the place of FET. In the same year, COMESA adopted a slight variation of fair administrative treatment in its 2017 investment agreement.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

JULY 26, 2024

To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors. La Fédération Internationale de Football Association (FIFA) v.

Insurance 52

Insurance Thresholds Media Contract 52

Kluwer Arbitration

MAY 22, 2024

The ANM further reiterated this in April, August 2017, and December 2019. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations. Mr. Martínez de Hoz, an arbitrator in this case, dissented.

Balance 52

Balance Participation Impact Assessment Thresholds 52

Kluwer Arbitration

MAY 24, 2024

The ANM further reiterated this in April, August 2017, and December 2019. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations. Mr. Martínez de Hoz, an arbitrator in this case, dissented.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

JANUARY 17, 2024

The standard of “ existence of dispute ” without any bona fide requirements appears to be a comparatively lower threshold indicating heightened deference to the jurisdiction of the arbitral tribunal when an operational debt is disputed. 15) Vidarbha Industries at [79]. The Supreme Court of India in Mobilox Innovations v.

Thresholds 52

Thresholds Bidding Demand Distribution 52

Kluwer Arbitration

FEBRUARY 28, 2024

2017), in which injunctions (including emergency restraining orders) issued in arbitrations were enforced as interim awards. The threshold to challenge an interim award on the basis of its finality is lower in comparison to establishing whether such an interim award is binding or not. This is consistent with Sperry Intern. Trade Inc.,

Import 52

Import Thresholds Contract Corruption 52

Nitrous: Public Procurement

AUGUST 12, 2020

These figures aren’t helped by the fact that the proportion of public sector contracts awarded without a competitive tender is rising ( 15 per cent in 2016 to 22 per cent in 2017 and then 23 per cent in 2018 ). There seem to be ever-increasing hurdles in order to do business with the government if you’re a small supplier.

Procurement 52

Procurement Tender Supplier Bidding 52

Kluwer Arbitration

JUNE 11, 2024

In 2017, CAI granted a license to GBO to use CAI’s trademarks, such as Disney, for the purpose of distributing CAI’s branded shoes in Germany, Austria, and Switzerland. Facts The arbitration concerned an exclusive distribution agreement for footwear concluded between two companies, the French CAI and the German GBO.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

JULY 30, 2024

Countries are enacting new national security laws to limit foreign influence, including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. 1] [link] [2] We simply categorized everything besides the explicitly open procedures as non-open.

Bidder 40

Bidder Transparency Public Procurement Contract 40

Kluwer Arbitration

OCTOBER 25, 2023

Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law. Case studies from the UAE further illustrated situations where courts have asserted jurisdiction even in the face of existing arbitration agreements.

Collaboration 52

Collaboration Import Efficiency Thresholds 52

Kluwer Arbitration

MARCH 20, 2024

Delivery was delayed and MBA agreed to pay liquidated damages to the JCG. MSI accepted MBA’s claim under the insurance policy and initiated an ICC arbitration in its own name against Dassault on the basis that MBA’s rights had been transferred to it by operation of the Japanese insurance statute.

Insurance 52

Insurance Contract Import Thresholds 52

Government Contracts Legal Forum

DECEMBER 27, 2023

DFARS clause 252.204-7012 (DFARS 7012) was first introduced in 2013 and modified several times with the DoD setting a mandatory implementation deadline of December 31, 2017. How We Got Here DoD has focused on regulating the cyber requirements of contracts over the last decade, culminating in this proposed rule.

Data 40

Data Contract Supply Chain Procurement 40

The Coalition for Government Procurement

JUNE 6, 2024

We are grateful to have awarded eight accomplished veterans with this scholarship, with the first being named during the 2017 golf tournament. 1 Simplified Acquisition Threshold: The bill would raise the simplified acquisition threshold (SAT) from $250,000 to $500,000. procurement at the GWU Law School.

Procurement 52

Procurement Data Strategic Planning Management 52

The Coalition for Government Procurement

JANUARY 11, 2024

DFARS clause 252.204-7012 (DFARS 7012) was first introduced in 2013 and modified several times with the DoD setting a mandatory implementation deadline of December 31, 2017. How We Got Here DoD has focused on regulating the cyber requirements of contracts over the last decade, culminating in this proposed rule.

Procurement 40

Procurement Data Contract Supply Chain 40

Government Contracts Legal Forum

SEPTEMBER 29, 2023

FLSA exemption issues can arise when unpaid furlough periods reduce the compensation level of exempt employees below the threshold required for them to maintain their exempt status under federal, state, or local law. During a government shutdown, many government contractors implement unpaid furloughs of employees. See Int’l Bhd. 17 Cal.App.5th

Government 40

Government Government Contract Insurance 40

Procurement Notes

MARCH 5, 2024

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] 6, 2017) (“U.S.

Government Contracts 52

Government Contracts Government Government Contract 52

The Coalition for Government Procurement

SEPTEMBER 19, 2024

Moderator: Thomas Bowman , Former Deputy Secretary of Veterans Affairs (2017-2018), CEO, TGB Strategies Anthony Principi , Former Secretary of Veterans Affairs (2001- 2005), Principal, The Principi Group (confirmed) Dr. James Peake , M.D., James Peake , M.D., The CMMC 2.0

Price 52

Price Supply Chain Logistics Procurement 52

Procurement Notes

OCTOBER 10, 2022

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.

Government 40

Government Government Price Contract 40

Procurement Notes

JUNE 15, 2021

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.” 2017 CPD ¶ 106, at 7 (Mar. B-414220.2 27, 1997). [29]

Bidding 40

Bidding E-procurement Procurement Negotiation 40

The Coalition for Government Procurement

JANUARY 4, 2024

Covered follow-on contracts include most contracts governed by the Service Contract Act (SCA) that exceed the Simplified Acquisition Threshold, currently set at $250,000. DFARS clause 252.204-7012 (DFARS 7012) was first introduced in 2013 and modified several times with the DoD setting a mandatory implementation deadline of December 31, 2017.

Price 52

Price Supply Chain Contract Data 52

Telles.eu

NOVEMBER 7, 2023

The transposition of the 2014 Directives His first government transposed the 2014 Directives fashionably late in August 2017. As for the 2017 transposition I do not have much to say, but I did say a lot about what was happening below-thresholds. But fashionably late it was nonetheless.

Procurement 100

Procurement Thresholds Tender Transparency 100

Kluwer Arbitration

FEBRUARY 12, 2025

In Keenan , the Supreme Court dismissed the set aside application, as the appellant only met the threshold of an arguable case as opposed to that of obvious error. This decision demonstrates that applicants in a set aside application carry the burden of meeting an extremely high threshold.

Thresholds 52

Thresholds Retail Insurance Corruption 52

SmallGovCon

JANUARY 8, 2025

This is the famous inflatable craft decision from 2017. FAR Final Rule: Increased Micro-Purchase and Simplified Acquisition Thresholds. The FAR was updated to increase the micro-purchase threshold and the simplified acquisition threshold, effective August 31, 2020. FedBizOpps is Almost Gone.

Thresholds 105

Thresholds Purchasing Evaluation Import 105

FedScoop

DECEMBER 3, 2024

“Iris scanners are just a part of our biometric collection, like the collection of fingerprints and photographs for facial comparison,” said the spokesperson, who also cited a 2017 privacy impact assessment. A recent privacy threshold analysis does mention the use of biometrics, specifically taking a “photo.”

IT 100

IT Impact Assessment Thresholds Electronics 100

Kluwer Arbitration

DECEMBER 11, 2024

In 2017, the Claimant commenced Arbitration A and Arbitration B for various claims including damages for breach of contract, which were subsequently consolidated. The Defendant argued that the rare and compelling threshold ought to apply in the case where a party was applying for a stay of its own setting aside application.

Balance 52

Balance Thresholds Purchasing Corruption 52

Kluwer Arbitration

MARCH 7, 2025

Here, the hospital was deemed to become aware of the fraud and forgery when it obtained the criminal file on 19 June 2017, meaning the 4 September 2017 writ of summons was timely. The Singapore High Court, presided by Justice Mohan, dismissed the application, reiterating the high threshold for judicial intervention in arbitration.

E-procurement 52

E-procurement Thresholds Import Distribution 52

SmallGovCon

JANUARY 29, 2025

Back in 2017, in the 2018 National Defense Authorization Act (NDAA), Congress passed a limited program for GAO protests of Department of Defense contracts where certain large contractors would have to reimburse the DoD for the cost of processing unsuccessful GAO protests. We reviewed that rule here. 4106 ) in some previous posts.

Bidding 66

Bidding Government Contracts Contract Government 66

Kluwer Arbitration

NOVEMBER 16, 2024

Earlier this year, the SCC released a practice note on security for costs , a thorough analysis of 23 applications for security for costs and their prospects of success in commercial cases administered by the SCC between 2017 and 2022. The report observes that only two of the 23 applications for security for costs yielded success.

Balance 52

Balance Thresholds Accountability Influencing 52

The Coalition for Government Procurement

JANUARY 16, 2025

This rule, which began its journey through the rulemaking process in 2017, aims to enhance the protections of CUI, defined as information that does not meet the requirements for classification but still requires safeguarding or dissemination controls. The public has until January 28, 2025, to submit comments.

Procurement 40

Procurement Thresholds Professional Services Efficiency 40

Procurement Notes

SEPTEMBER 15, 2021

2017) (“The Postal Service is not an ‘Executive department’ or a ‘Government corporation’ as defined in relevant part under 5 U.S.C. §§ 101 and 103.”). [10] 17] Further, since the GovCon Order was issued pursuant to FPASA, if a contract does not fall within the ambit of FPASA (e.g., The definition does not include the U.S. Postal Service.

E-procurement 40

E-procurement Government Government Contract 40

Procurement Notes

MARCH 16, 2023

.” [23] Data is also provided by occupational group (currently relying on the 2018 Standard Occupational Classification (“SOC”)), industry group (currently relying on the 2017 North American Industry Classification System (“NAICS”)), geographical census division (there are nine (e.g., 10, 2017), available at [link]. [74]

Government Contracts 40

Government Contracts Government Government Contract 40

Procurement Notes

OCTOBER 13, 2021

To better understand employee religious liberty rights, it is worth reading DOJ’s October 6, 2017 Governmentwide Memorandum on the Federal Law Protections for Religious Liberty. [52] William Clark, issued a memorandum encouraging procuring Agencies to adopt without emendation FAR Deviation Clause 52.223-99. [25] Executive Order No.

E-procurement 40

E-procurement Procurement Contract Negotiation 40

Kluwer Arbitration

JANUARY 12, 2025

Theoretical Approach to Pre-Investment Expenditures Tribunals typically apply a high threshold for pre-investment expenditures under the definition of investment ( McLachlan, Shore, and Weiniger , 2017, p. Expenditures prior to the investment do not create economic value.

Engineering 52

Engineering Tender Public Private Partnership Transportation 52