Government Contracts & Investigations

JANUARY 31, 2024

Below, we cover a few important GAO decisions you should know from December 2023. In Great Lakes Dredge & Dock Company, LLC , the GAO partially sustained a protest challenging the Army Corps of Engineers decision to cancel of its invitation for bids (“IFB”) and its subsequent conversion of the IFB into an negotiated procurement. [2]

Bidding 52

Bidding Negotiation Evaluation Sustainability 52

SmallGovCon

MAY 2, 2024

And for 2023, it looks like things are looking up with every category making gains from the previous year. SBA then evaluates each agency’s proposal, and either notifies the agency that its proposal is acceptable, or negotiates with the agency to reach a goal that is acceptable. It went from 62,670 in 2022 down to 61,298 in 2023.

Contract 105

Contract Negotiation Government Contracts Transparency 105

Kluwer Arbitration

FEBRUARY 19, 2024

2023 marked a milestone in the reform of investor-State dispute settlement (“ISDS”). This year-in-review post, featuring the perspectives of our contributors from 2023, primarily focuses on the efforts of UNCITRAL Working Group III (“WG III”) in ISDS reform and the adoption of the Codes, and offers a brief status report on ECT modernization.

Balance 52

Balance Negotiation Ethics Import 52

Whistleblower Network News

APRIL 15, 2024

625 in 2023. ” NWC sent a letter to Senator Mike Crapo (R-ID) Ranking Member of the Senate Finance Committee urging him to support the inclusion of the whistleblower reform bill as a part of the Tax Relief for American Families and Workers Act of 2024 , the large bipartisan tax bill currently being negotiated in Congress. .”

Import 116

Import Budget Negotiation Finance 116

Kluwer Arbitration

FEBRUARY 13, 2024

The Fourth Edition of the Washington Arbitration Week (“WAW”) took place from 27 November to 1 December 2023. He also mentioned how the European Commission leveraged Achmea and Komstroy (issued during the modernized ECT negotiations) in introducing a disconnection clause prohibiting intra-EU disputes.

Negotiation 59

Negotiation Corruption IT Integration 59

Kluwer Arbitration

FEBRUARY 14, 2024

Looking back on 2023, we identify two trend areas: 1) drafting of new International Investment Agreements (“IIAs”) and model agreements; and 2) cases (including with amicus submissions) at the intersection of human rights and ISDS. According to UNCTAD, only one model agreement was released in 2023.

Corruption 52

Corruption Participation Negotiation Sustainability 52

Whistleblower Network News

JANUARY 31, 2024

According to the government, “MTM’s subcontract proposal overstated MTM’s cost or pricing data, thereby causing the prime contractor to negotiate and certify the prime contract with TACOM based on inflated costs, which in turn caused TACOM to pay overcharges at the prime and subcontractor levels.” Army’s Tank Automotive Command (TACOM).

Contract 118

Contract Automotive Price Negotiation 118

Kluwer Arbitration

JANUARY 14, 2024

Developments in Arbitration-Related Law and Institutions In 2023, our Blog covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Whistleblower Network News

MARCH 14, 2024

Whistleblower advocates are calling on members of Congress to include the IRS Whistleblower Program Improvement Act as a part of the Tax Relief for American Families and Workers Act of 2024 , the large bipartisan tax bill currently being negotiated in Congress. According to NWC’s letter, “H.R. 625 attached to a tax bill this year.”

Negotiation 110

Negotiation Finance Budget Accountability 110

Whistleblower Network News

JULY 10, 2024

According to the government, Rite Aid and its subsidiaries “improperly reported to CMS portions of rebates received from manufacturers as bona fide service fees, even though manufacturers did not negotiate with the defendants to pay such fees.” The whistleblowers will receive 17% of the government’s recovery as their share of the settlement.

Insurance 110

Insurance Manufacturing Negotiation Demand 110

Kluwer Arbitration

OCTOBER 17, 2024

This would encourage the companies’ management to manoeuvre settlement negotiations with more confidence once the arbitration has commenced. Discussing settlement windows when establishing the procedural timetable will encourage all parties and tribunal members to consider settlement negotiations and facilitations at an early stage.

Negotiation 97

Negotiation Management Budget Efficiency 97

Kluwer Arbitration

FEBRUARY 16, 2024

This post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2023 that are of interest to the international arbitration community at large. The agreements were not drafted, negotiated, or signed by the father or his sons. as licensor and B. as licensee.

Capacity 52

Capacity E-procurement Demand Participation 52

ivalua

FEBRUARY 10, 2023

per cent in January 2023, down from 9.2 This could include negotiating more favorable terms with suppliers or renegotiating existing contracts to ensure that prices remain competitive. This helps ensure your contracts remain favorable and that all stakeholders comply with the negotiated terms. per cent in the previous month.

Price 105

Price Supply Chain Supplier Procurement Team 105

SmallGovCon

OCTOBER 9, 2023

VSBC-297, 2023 (Aug. 2023), the VA sought roof replacement services under 236220, Commercial and Institutional Building Construction, with a corresponding $45 million annual receipts size standard. In Silotech-Apex JV, LLC , SBA No. But it also placed too much control in the hands of the non-SDVOSB member. 13 C.F.R § 128.402 (c)(7).

Negotiation 78

Negotiation Contract Quantity Management 78

Federal News Network

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.

Procurement 75

Procurement Negotiation Price Transparency 75

Kluwer Arbitration

FEBRUARY 8, 2024

This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. In November 2023, the Ontario Superior Court in Xiamen International Trade Groupe Co., Additional 2023 year in review posts are available here. LinkGlobal Food Inc.

Consulting 52

Consulting Participation Corruption Negotiation 52

Government Contract Insights

JANUARY 24, 2024

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in which the Court of Federal Claims found a GAO precedent failed to provide a rational basis to reject a bid.

Bidding 40

Bidding Negotiation Procurement 40

Kluwer Arbitration

FEBRUARY 7, 2024

India ADR Week (“ IAW “) 2023 was hosted by the Mumbai Centre for International Arbitration (“ MCIA “) across three cities – Bengaluru, Delhi and Mumbai. The breadth and diversity of the event set the stage for engaging and insightful discussions on a wide array of topics.

Negotiation 52

Negotiation Corruption Government Government 52

VWV

OCTOBER 8, 2024

The Procurement Act 2023 (the Act) introduces a range of reforms aimed at simplifying and enhancing transparency in the procurement process, which should be good news for suppliers. In this two-part blog series, we answer frequently asked questions to help you understand the impact of the Act and how to prepare.

Supplier 52

Supplier Procurement Tender Transparency 52

Kluwer Arbitration

DECEMBER 26, 2023

What are some of the watershed moments from your time as director of AIAC and can you please share your thoughts on what it’s like to be back at the helm as of March 2023? One example is the recent modernisation of the Centre’s institutional ADR rules in August 2023. Let’s talk about the revised AIAC Arbitration Rules (2023).

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

DECEMBER 3, 2023

On November 16, 2023, during the 5 th annual New York Arbitration Week , DLA Piper hosted a double feature event focused on the effective management of risks and disputes in the context of M&A transactions. The panelists were also skeptical that arbitration could be used to force a counterparty to close a deal.

Management 52

Management Negotiation Import Price 52

ivalua

OCTOBER 24, 2022

Under Pressure, Will Procurement Take Performance Higher in 2023? . If they aren’t able to overcome their challenges, 2023 could be their breaking point. . Although hopes were high that inflation levels would have reversed by now, we’re only seeing modest easing of conditions, indicating that inflation will persist into 2023. .

Supply Chain 40

Supply Chain Procurement Procurement Team Supplier 40

The Contractor's Perspective

JANUARY 12, 2023

Section 822 of the 2023 National Defense Authorization Act, Public Law No. The Secretary of Defense’s authority to make inflation adjustments under section 822 begins on December 23, 2022, and ends on December 31, 2023. Guidance implementing the authority granted by section 822 is due by March 23, 2023. 117-7776 (Dec.

Price 40

Price Accountability Negotiation Demand 40

Federal News Network

MAY 29, 2024

What’s really interesting here is assuming the RFP is successful and they’re ready to negotiate a new contract, they just will fail to exercise the next option. In another place, the RFP requires that the winning bidder would entertain negotiations with an interested union if they raised it after the contract is in place.

Bidder 103

Bidder Negotiation Professional Services Bidding 103

Kluwer Arbitration

NOVEMBER 11, 2023

These were only a few of the questions discussed at the DIS40 Autumn Conference 2023 , which took place on 15 September 2023 in Berlin as part of the second edition of the Berlin Dispute Resolution Days (the coverage of the previous edition can be found here and here ).

Management 52

Management Efficiency Negotiation Capacity 52

Public Contracting Institute

MAY 8, 2024

Under some circumstances, if an IFB is canceled but the requirement remains, the agency may complete the procurement by converting it to a negotiated procurement, but FAR 14.404-1 places limitations on when this is permitted. In Great Lakes Dredge & Drydock Co., LLC, B-421676.4, Great Lake protested the conversion. FAR 14.404-1(e)(2).

Bidding 52

Bidding Procurement E-procurement Negotiation 52

Kluwer Arbitration

OCTOBER 19, 2023

On October 17, the second day of Hong Kong Arbitration Week 2023, Davis Polk hosted a panel discussion entitled “ Investor Information Rights: All Bark and No Bite? Issues to Consider During Negotiations Statutory Rights Ms. This concludes our coverage of Hong Kong Arbitration Week 2023. Managing Their Effectiveness ”.

Management 52

Management Negotiation Corruption Collaboration 52

SmallGovCon

SEPTEMBER 19, 2023

May 23, 2023). Unfortunately, for both DHHS and Cloud Harbor, the ability to make corrections to minor irregularities only applies to procurements that are performed according to FAR Part 14, pertaining to sealed bidding with non-negotiated procurements. Myriddian, LLC v. United States , No. 23-443 (Fed.

Evaluation 78

Evaluation Bidding Negotiation Government Contracts 78

Government Contracts & Investigations

DECEMBER 19, 2023

On November 17, 2023, the Department of Defense (“DOD”) published a Final Rule – over five years in the making – addressing DOD policies regarding the applicability of laws to commercial products, commercial services, and commercially available off-the-shelf (“COTS”) products (DFARS Case 2017-D010).

Negotiation 52

Negotiation Contract Supply Chain Utilities 52

SmallGovCon

OCTOBER 25, 2023

For instance, for negotiated contracts, a “protest must be received by the contracting officer prior to the close of business on the 5th day, exclusive of Saturdays, Sundays, and legal holidays, after the contracting officer has notified the protestor of the identity of the prospective awardee.” ” 13 CFR 121.1004.

Contract 105

Contract Procurement Participation Government Contracts 105

The Coalition for Government Procurement

SEPTEMBER 6, 2024

GSA published its EPA proposed rule, GSAR Case 2020-G510, Federal Supply Schedule Economic Price Adjustment , on November 16, 2023. We called for language clarifying the necessity of market research, using market indexes, and identifying time limits for EPA reviews and negotiations.

Price 49

Price Negotiation Transparency Utilities 49

The Coalition for Government Procurement

MAY 17, 2024

The number of small businesses participating in the Federal market has plummeted in the last decade, and this downward trend continued in 2023. For example, in contract negotiation some contracting officers request invoices for every item, requiring offerors to provide invoices for millions of products.

Price 49

Price Negotiation Participation Category Management 49

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Public Contracting Institute

FEBRUARY 14, 2024

Between May 25, 2021 and March 27, 2023, there occurred back-and-forth discussions between AeroKool, the Navy CO and the Termination Contracting Officer. On March 27, 2023 the government shifted its suspense date to issue its TSP offer to September 25, 2023. AeroKool Aviation Corp., 63637-PET, Oct.

Government Contracts 52

Government Contracts Negotiation Contract Demand 52

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.

Procurement 49

Procurement Negotiation Price Transparency 49

Tracker Intelligence

NOVEMBER 4, 2024

Pre-negotiated terms are provided that reduce the complexity for contracting authorities in procurement whilst allowing suppliers to capture opportunities more efficiently. These agreements take on even greater importance under the Procurement Act 2023, with greater emphasis on transparency, competition and sustainability.

Framework Agreement 52

Framework Agreement Procurement Supplier Tender 52

GovLoop

NOVEMBER 30, 2023

As 2023 comes to a close, there’s no need to worry about GovLoop online training opportunities doing the same, as this month is jam-packed with dynamic speakers and chances to dive into the hot topics affecting agencies today. Join us online Monday, Dec. 18 at 4 p.m.

Accountability 64

Accountability Negotiation Innovation Data 64