The Coalition for Government Procurement

SEPTEMBER 6, 2024

On August 5, 2024, the General Services Administration (GSA) took a step forward by publishing a final rule to “standardize and simplify the Multiple Award Schedule (MAS) clauses for economic price adjustments.” The GSAR, as currently written, limits when, how often, and by what percentages prices can be adjusted.

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The Coalition for Government Procurement

APRIL 19, 2024

These regulations and associated guidance address a host of contracting officer responsibilities, including but not limited to, proposal evaluation, negotiations, price and/or cost analysis, data rights, and foreign acquisition ( e.g. , TAA). For this reason, procurement policy flow-downs cannot be one-sided.

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Kluwer Arbitration

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. In 2022, the arbitral tribunal ruled that GBO’s termination was unjustified and ordered compensation to CAI. In 2022, judicial scrutiny has been greatly heightened by Belokon v. Onix or Indagro ) to be set aside.

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Distribution Price Negotiation Manufacturing 59

SmallGovCon

OCTOBER 25, 2023

The FAR Council notes it is implementing SBA rules stretching from 2013 to 2022. Order Protests Under this proposed rule , the FAR will be updated to clarify requirements for size and socioeconomic status protests in connection with orders placed under multiple-award contracts. ” 13 CFR 121.1004. 13 CFR § 124.504.

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The Contractor's Perspective

JANUARY 12, 2023

23, 2022) provides new authority for some defense contractors and subcontractors to obtain price increases that address the impacts of inflation. The new authority is welcome relief for contractors and subcontractors holding fixed-price defense contracts, which typically do not allow a price increase due solely to inflation.

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ivalua

APRIL 11, 2022

TELUS’ procurement team set out to reduce off-contract buying in order to avoid the erosion of negotiated pricing and service levels of its suppliers. Canadian-based TELUS implements Ivalua’s EPS solution to digitize the entire end-user buying process.

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GovLoop

NOVEMBER 2, 2022

With pre-approved products, GSA MAS provides agencies the following: Faster acquisitions by eliminating costly and time-consuming RFPs Pre-qualified contractors government can connect with Pre-negotiated terms and conditions, and competitive prices. To read more about this approach, check out this recent report. Get the Guide.

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Procurement Notes

MARCH 5, 2024

Jay Blindauer The bond yield curve inverted in October 2022. [1] 22] Plainly, approximately (22) months after October 2022 is on or about August to September 2024. Particularly, the Personal Consumption Expenditures Price Index (“PCE”) core inflation rate for January 2024 was 2.8%. [30] At least it has every time since 1968. [2]

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Kluwer Arbitration

JULY 17, 2024

The High Court challenge emanated from the Award that was issued in favour of SNGPL in August 2022, by Chantal-Aimée Doerries, KC (the ‘ Tribunal ’), against QATPL, a public sector company. These are important considerations for contracting parties negotiating the seat of arbitration in any contract. Under Section 3.6(a)

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Kluwer Arbitration

MARCH 31, 2024

The Decision joins many other decisions recently issued by Chile’s highest Court that confirm solid and well-founded jurisprudence (see, for example, CS of July 27, 2023, Rol 133.313-2022; CS of October 5 of 2023, Rol No. 71,508-2022; CS of January 16, 2023, Rol 3,545-2022; CS of July 29, 2021, Rol 104,262-2020).

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Kluwer Arbitration

NOVEMBER 17, 2023

On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial review of arbitration awards. In determining the value of the bitcoins, the tribunal referred to the bitcoin price provided on the Okcoin website.

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Kluwer Arbitration

OCTOBER 27, 2023

A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. 3409/21.2T8BRG.G1 [2022]).

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Kluwer Arbitration

AUGUST 4, 2024

However, this unfortunate fate was already sealed by the withdrawal notifications by France, Germany and Poland in December 2022, and the preceding decision of some Member States in October to not back the Commission’s proposal for a Council decision on the modernized ECT text for unspecified concerns over protection of fossil fuel investors.

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The Coalition for Government Procurement

OCTOBER 19, 2023

In turn, this will lead to more consistent and sound negotiation and administration of MAS contracts. In the past, the regional structure gave rise to differing cultures, negotiation approaches, and interpretations of applicable regulations and solicitation provisions. Data context is critical to data driven decision making.

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E-procurement Price Supply Chain Procurement 52

Import and Trade Remedies

NOVEMBER 13, 2023

1] Similarly, with respect to goods imported under an inward processing regime, the Commission’s practice is inconsistent; it has excluded such imports in determining export price in some cases, while in other instances, it has included such imports. [2] Whether the ASCM permits this interpretation is not clear. [6]

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The Coalition for Government Procurement

SEPTEMBER 26, 2024

On November 20, tables include: GSA MAS PMO GSA Pricing Tools Ask the Med/Surg Supply BPAs Ask the SAM.gov PMO VA Federal Supply Schedule (FSS) To view the draft agenda for the governmentwide day, click here. October 28 : Webinar: 2024 (2025 FCPs) Public Law Pricing Update for Covered Drugs – Click here to register. 697 (2022).

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E-procurement Procurement Price Buyers 52

Kluwer Arbitration

DECEMBER 16, 2023

On 16 and 17 October 2022, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its X Arbitration Congress (“X CAM-CCBC Congress” or “Congress”) in Sao Paulo, Brazil. The same can be said in relation to regulatory changes and social demand for more aggressive measures in relation to green transition.

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Federal News Network

NOVEMBER 6, 2024

billion from 2022. OFPP’s supplier base dashboard shows 8,342 new small businesses worked in the federal market in 2023, up from 7,579 new entrants in 2022. But at the same time, SBA said in 2022 that agencies since 2010 have seen about a 40% decrease in the number of small businesses receiving prime contract awards.

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Government Contracts Legal Forum

SEPTEMBER 29, 2023

trillion dollars in fiscal year 2022 which amounted to approximately 25% of total gross domestic product. Contractors should track and document any changes in workload to ensure that any increases in scope and associated cost or price adjustments are appropriately reflected in a contract modification. government spent $6.27

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The Coalition for Government Procurement

JUNE 6, 2024

Off the Shelf : A Break Down of the Proposed CIRCIA Rule Townsend Bourne, Partner at Sheppard Mullin , joined Off the Shelf to share her insights regarding the Cybersecurity and Infrastructure Security Agency’s (CISA’s) proposed rule implementing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA).

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Procurement Notes

OCTOBER 10, 2022

Department of Labor (“DoL”), Bureau of Labor Statistics (“BLS”), September 13 Consumer Price Index (“CPI”) Summary states that “[o]ver the last 12 months, the all items index increased 8.3 1] Similarly, the BLS September 14 Producer Price Index (“PPI”) Summary states that “[o]n an unadjusted basis, the index for final demand moved up 8.7

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The Coalition for Government Procurement

AUGUST 15, 2024

This ruling follows the Court’s August 2022 decision in Hydraulics Int’l (discussed in a previous Legal Update ) finding jurisdiction over a prototype OT competition when a follow-on production contract was contemplated. The new prices will be effective Jan 1, 2026.

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E-procurement Supply Chain Procurement Price 52

The Coalition for Government Procurement

FEBRUARY 22, 2024

View from Main Street: Size Recertification Confusion Updates on Timely Topics Impacting the Government Contracting Industry from Vice President of Acquisition Policy, Ken Dodds Historically, the length of government contracts did not exceed five years and size was determined at the time of offer (including price) for the contract.

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The Coalition for Government Procurement

AUGUST 8, 2024

This ruling follows the Court’s August 2022 decision in Hydraulics Int’l (discussed in a previous Legal Update ) finding jurisdiction over a prototype OT competition when a follow-on production contract was contemplated. The rule consolidates the four existing MAS EPA clauses into a single clause.

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Federal News Network

JULY 9, 2024

The legislation includes an amendment to a portion of Section 1521 of the defense bill for fiscal 2022, which centralizes the procurement of cyber products and services across the Defense Department. The two amendments signal lawmakers’ growing concern about the Pentagons’ reliance on a single vendor for its cybersecurity products.

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The Coalition for Government Procurement

JULY 18, 2024

She added that some of the increase can be attributed to the CHIPS and Science Act, which was signed into law in August 2022 and provides $52 billion to support the domestic production of semiconductors. Pharmaceutical Pricing Summer Webinar Series Welcome to the “Pharmaceutical Pricing Fun in the Sun Summer Webinar Series”!

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Supply Chain Data Price Thresholds 52

The Coalition for Government Procurement

AUGUST 1, 2024

This ruling follows the Court’s August 2022 decision in Hydraulics Int’l (discussed in a previous Legal Update ) finding jurisdiction over a prototype OT competition when a follow-on production contract was contemplated. To register, click here. For any assistance with registration, please contact Madyson Whiting at mwhiting@thecgp.org.

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The Coalition for Government Procurement

JULY 25, 2024

The VA began using Login.gov as an SSO option in March 2022 and previously allowed veterans to create an account through ID.me. Pharmaceutical Pricing Summer Webinar Series Welcome to the “Pharmaceutical Pricing Fun in the Sun Summer Webinar Series”! is an external authentication provider. To register, click here.

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The Coalition for Government Procurement

FEBRUARY 15, 2024

In May 2022, the Court of Federal Claims ordered GSA to amend the solicitation and allow offerors to resubmit proposals. million megawatt hours annually through the eventual solicitation, which would amount to approximately 5 percent of the government’s fiscal year 2022 electricity consumption. GSA and DoD anticipate purchasing 2.7

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The Coalition for Government Procurement

NOVEMBER 2, 2023

Federal Acquisition Policy and Procedure (PAP) 2021-05, Evaluation of FSS Program Pricing , sets forth “comprehensive guidance regarding the evaluation of pricing throughout the life of a Federal Supply Schedule (FSS) program contract.” Pay a Fair and Reasonable Price ). Emphasis added.) See Section 2.

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The Coalition for Government Procurement

FEBRUARY 29, 2024

On Friday, March 1st, agencies funded under the Agriculture, Energy-Water, Military Construction-VA, and Transportation-HUD appropriations bills risked entering “shutdown mode,” as the previously negotiated extension was set to expire. Since the PACT Act was signed in August 2022, over 100,000 veterans have enrolled in VA healthcare.

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How to Crack a Nut

NOVEMBER 17, 2023

However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.

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The Coalition for Government Procurement

OCTOBER 25, 2023

The GSA and VA Ask the PMO tables were introduced during the 2022 Spring Training Conference, and included representatives from the Multiple Award Schedule (MAS) and Federal Supply Schedule (FSS) Programs. 31 The Equal Employment Opportunity (EEO) Commission has announced that EEO-1 Component 1 Data Collection for 2022 opens October 31.

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Kluwer Arbitration

NOVEMBER 4, 2023

Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. 8, Series of 2022 , which now allows for arbitration as a mechanism to resolve intra-corporate disputes (see a previous post on this development here ).

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Kluwer Arbitration

FEBRUARY 15, 2024

The program bridged and expanded the discussion that took place at a highly popular program featured in the 2022 edition of WAW on the influence of public international law (“PIL”) on ISDS (read the prior KAB coverage here ). Second, Professor Rivas addressed the potential direct influence of new ICJ judgments on ISDS decisions.

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Federal News Network

JANUARY 26, 2024

In fiscal 2022, the administration says small businesses received nearly $163 billion in federal contracts, of which a record of nearly $70 billion went to small disadvantaged businesses (SDBs). billion increase over 2022. The explanation should be reviewed by the agency small business specialist.” The company says almost 55.8%

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The Coalition for Government Procurement

DECEMBER 14, 2023

Stakeholders must appreciate and understand that there is a nexus between requirements and price, especially for small businesses. Data context in assessing fair and reasonable pricing is foundational to sound acquisition business decisions. It is also a regulatory requirement. See FAR 15.405. Department of Homeland Security (“DHS”).

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