LexBlog: Contracts & Procurement

MARCH 22, 2022

Enhanced Debriefings DOD introduced Enhanced Postaward Debriefing Rights in March 2018 through the issuance of a class deviation (a deviation from the FAR and DFARS that is applicable to all contracts). In May of 2021, DOD issued its proposed rule, now adopted as final.

Bidding 52

Bidding Bidder Thresholds Procurement 52

Kluwer Arbitration

MAY 23, 2024

In 2018, following changes within Ontario’s government, OCTP was abruptly ended. 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

MARCH 20, 2024

Not only is it now one of the busiest international arbitral institutions (with 900 cases per year on average), but it also ensures the rendering of effective awards under its aegis, as confirmed by the Swiss Federal Tribunal (SFT) in 1993 in the Gundel case and by the European Court of Human Rights (ECtHR) in 2018 in the Pechstein case.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

DECEMBER 2, 2023

6) of 2018 (“UAE Arbitration Law”), a legislation comprising of 61 articles which stands as the cornerstone of arbitration regulations within the UAE. On 15 September 2023, the United Arab Emirates (“UAE”) reformed the legal framework governing arbitration. Under the recently issued Federal Law No. (15)

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

JANUARY 29, 2024

Chapter 6-10 of ECOWAS Common Investment Code 2018 ; Art. To prevent even minor transgressions from falling under the clause, a threshold-requirement of serious violations could be introduced. The legality clause serves as link between the IIA and the domestic law, making violations of the latter actionable in the arbitration.

Sustainability 52

Sustainability Impact Assessment Thresholds Contract 52

Kluwer Arbitration

MARCH 29, 2024

Article 54 was said by Spain not to come close to meeting that threshold, because it was not framed as a waiver or submission by Spain to the jurisdiction of any domestic court bar its own. That application was dismissed on 21 November 2018. 3) [2000] 1 AC 147.

Thresholds 52

Thresholds IT Corruption Contract 52

FedScoop

SEPTEMBER 16, 2024

That’s what the Alaska Housing Finance Corporation found in its 2018 housing assessment for the state’s rural areas. Almost 79,000 households were spending more than 30% of their income on housing-related costs, the report noted, exceeding a threshold that, according to HUD, impacts the ability to pay for other basic needs.

Logistics 56

Logistics Transportation Transportation Quality 56

Import and Trade Remedies

AUGUST 30, 2023

Back in 2018, the EU, the United States of America (“ U.S. The EU’s call for the strengthening of multilateral subsidy disciplines is not new. “) and Japan formed a trilateral group to inter alia define the basis for the development of stronger rules on industrial subsidies.

Export 40

Export Negotiation Manufacturing Import 40

Kluwer Arbitration

MAY 22, 2024

Therefore, on March 21, 2018, Red Eagle initiated an ICSID arbitration claiming compensation for damages that allegedly exceeded CAD$ 110,000,000. 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.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

OCTOBER 25, 2023

Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law. Another key point made by Farah was the possibility of the arbitral tribunal making interim reliefs contingent upon the provision of adequate security by the requesting party.

Collaboration 52

Collaboration Import Efficiency Thresholds 52

Kluwer Arbitration

MAY 24, 2024

Therefore, on March 21, 2018, Red Eagle initiated an ICSID arbitration claiming compensation for damages that allegedly exceeded CAD$ 110,000,000. 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.

Balance 52

Balance Impact Assessment Participation IT 52

Government Contracts Legal Forum

OCTOBER 12, 2023

These changes implement the FASCSA of 2018 (P.L. The interim rule also imposes obligations for a related “reasonable inquiry” at the time of proposal submission and quarterly monitoring during contract performance.

Supply Chain 52

Supply Chain Telecommunication Contract Thresholds 52

The Coalition for Government Procurement

APRIL 4, 2024

On March 6, 2024, the Federal Circuit vacated the CBCA decision on the threshold jurisdictional issue. OHA agreed that the size protest was faulty because it included allegations relating to contract awards in 2023, and that the relevant period for size determination purposes would have been the firm’s completed fiscal years from 2018-2022.

Procurement Contracts 40

Procurement Contracts Evaluation Professional Services Participation 40

Inside Government Contracts

OCTOBER 26, 2023

The GAO report observes that between fiscal years 2018 and 2022, DOD assessed approximately 40 M&A transactions per year, the vast majority of which were above the HSR size of transaction threshold, and that is out of a total of approximately 400 defense-related M&A transactions per year.

Thresholds 162

Thresholds Accountability Capacity Innovation 162

Government Contracts Legal Forum

JUNE 27, 2024

And, for contractors who do currently have CAS-covered contracts, this question is critical for quantifying cost impacts when making cost accounting practice changes and when the government alleges or asserts a claim for a CAS noncompliance.

Thresholds 52

Thresholds Contract Accountability Quantity 52

Telles.eu

APRIL 18, 2023

For example, the Communication recognises that 80% of contracts are below-thresholds and as such no real procurement data is captured about them beyond the approach taken by individual member States in using TED for the notices or doing so via national portals. Wouldn't it be great if all that data was captured in a single place?

Public Procurement 100

Public Procurement Data Procurement Electronics 100

The Coalition for Government Procurement

APRIL 11, 2024

On March 6, 2024, the Federal Circuit vacated the CBCA decision on the threshold jurisdictional issue. OHA agreed that the size protest was faulty because it included allegations relating to contract awards in 2023, and that the relevant period for size determination purposes would have been the firm’s completed fiscal years from 2018-2022.

E-procurement 98

E-procurement Procurement Procurement Contracts Supply Chain 98

Procurement Notes

JULY 28, 2021

Army Materiel Command (“AMC”) states that “[t]his office applies the GAO’s $25 million jurisdictional threshold to protests of task and delivery orders issued under Department of Defense (DoD) procurements. B-416093, 2018 CPD ¶ 207, at 5 (June 11, 2018). [20] GAO-18-510SP, at 41 (May 2018) (hyperlinks added). [28]

Bidding 40

Bidding E-procurement Procurement Evaluation 40

Kluwer Arbitration

JANUARY 16, 2024

CL-2019-000752 and CL-2018-000182, 23 October 2023 Nicholas Fletcher, 4 New Square, ITA Reporter for the United Kingdom The test for finding dishonesty requires the judge or arbitrator to ascertain subjectively the actual state of the relevant individual’s knowledge or belief as to the facts. A high threshold is applicable to s.

Corruption 52

Corruption Insurance IT Contract 52

Procurement Notes

OCTOBER 10, 2022

Nonetheless, from 2013 to 2018, “[y]ear-over-year [wage] growth has mostly ranged between 2% and 3%[.]” [8] So, with recent wage growth of 5.5%, wage growth has been accelerating. GAO’s competitive prejudice threshold should be similar. 7, 2018), available at [link]. [9] Wages and salaries rose 5.7 percent.” [7]

Government 40

Government Government Price Contract 40

The Coalition for Government Procurement

OCTOBER 19, 2023

Most DoD assessments were found to take place above a threshold of $111.4 DoD’s most recent estimates found that between fiscal years 2018 and 2022, there were approximately 400 M&A occurring each year in the defense industrial base, with an average of 40 M&A assessments per year.

Price 52

Price E-procurement Supply Chain Procurement 52

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. The recent decisions reinforce the principle that challenging arbitration agreements is an uphill battle with a high threshold, requiring solid and irrefutable evidence.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. See, e.g., Brazil-India BIT (2020) ; Brazil-Ethiopia BIT (2018) ; Brazil-Malawi BIT (2015).) The PIA, which came into effect in 2018, introduced several changes. 6, 12-13).

Balance 52

Balance Negotiation Thresholds Ethics 52

The Coalition for Government Procurement

AUGUST 15, 2024

GSA established its RPA program in 2018 to reduce administrative burden by automating low-value, routine tasks through the use of bots. The proposed changes to the DFARS are primarily to: Add references to the CMMC 2.0 The OIG found that GSA needs to strengthen the security of the program and ensure that bots are operating properly.

E-procurement 52

E-procurement Supply Chain Price Procurement 52

Procurement Notes

JUNE 15, 2021

38] This is based on Sub-section (a) of Section 818 of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2018. [39] However, one point is worth raising, because it is introduced by Section 818 of the NDAA for FY 2018, and DoD’s May 20, 2021 proposed rules. 2018 CPD ¶ 237, at 6 n.4; Comm’r, 54 T.C.

Bidding 40

Bidding E-procurement Procurement Negotiation 40

Federal News Network

AUGUST 20, 2024

The latest iteration of ePS is partly a spin-off of CON-IT, the platform the Air Force has been implementing for Defense contract writing since 2018. This misalignment could lead to operational inefficiencies, user dissatisfaction and ultimately, an unsuccessful implementation.” Today, more than 100 contract actions worth more than $1.5

Procurement 119

Procurement Electronics Contract Evaluation 119

Open Contracting Partnership

DECEMBER 8, 2023

The key red flags include ties between providers and politicians, large contracts that have been broken up into smaller ones to undercut thresholds, and links to prohibited practices. The team continues to add new variables.

Corruption 71

Corruption Collaboration Data Public Procurement 71

Procurement Notes

JUNE 5, 2021

2] , [3] President Biden’s Executive Order also, as of January 30, 2022, revokes President Trump’s 2018 Executive Order No. 31] If the individual hits the 20% threshold, the minimum wage still only applies to the workweek hours that are on or in connection with the covered contract/subcontract. per hour. [1] per hour. [2]

Thresholds 40

Thresholds E-procurement Contract Procurement Contracts 40

Government Contracts Legal Forum

JANUARY 5, 2024

GAO found that DoD reviewed an average of only 40 M&A transactions per year from FY 2018-2022, while it was estimated that approximately 400 such transactions occur annually.

Government 40

Government Government Export Data 40

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 Innovation 52

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. The rule implements an executive order of the same name signed in November of 2021.

Price 52

Price Supply Chain Contract Data 52

Federal News Network

JANUARY 26, 2024

And despite small firms generally doing well under best-in-class with small business utilization holding steady at 38% between 2018 and 2022, the number of small contractors continues to decline. Deltek, another market research firm, found agencies spent more than 54 billion dollars, or 12.7%, of all procurement on BICs. This is up from $37.6

Contract 99

Contract Thresholds Supply Chain Procurement 99

FedScoop

JANUARY 25, 2024

Rather, it emphasizes the need to follow best practices, such as setting a reasonable similarity threshold that correlates with the given use case.” A 2018 test of Rekognition’s facial recognition capabilities by the ACLU incorrectly matched 28 members of Congress with mugshots.

Inventory 139

Inventory Electronics Thresholds Media 139

The Coalition for Government Procurement

NOVEMBER 2, 2023

This FAR rule implements the requirements of the Federal Acquisition Supply Chain Security Act of 2018 and the Federal Acquisition Security Council (FASC) final rule for complying with exclusion or removal orders.

Supply Chain 52

Supply Chain Price Contract E-procurement 52

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] 22, 2024), available at [link].

Government Contracts 52

Government Contracts Government Government Contract 52

Procurement Notes

JUNE 13, 2022

26] Section 503 and VEVRAA AAPs also apply (when thresholds are met) to a construction contractor/subcontractor on a Federal construction project, but not for a construction project that is merely Federally-assisted. [27] 134] IER, Information for Employers About Citizenship Status Discrimination, at ¶ 4 (July 2018), available at [link].

Export 40

Export Evaluation Contract Government Contracts 40

The Coalition for Government Procurement

DECEMBER 14, 2023

5] Agencies may compete orders on the GSA Schedule 8(a) contract even if the value of the order is below the 8(a) competitive threshold ($4.5 The protester contended that the JV had been awarded a contract in September of 2018. 9] 13 CFR 121.103(h) (2018). [10] million or $7 million for orders with a manufacturing NAICS code).

E-procurement 52

E-procurement Procurement Price Supply Chain 52