Import and Trade Remedies

MARCH 27, 2024

Last week, HM Revenue & Customs (HMRC) and HM Treasury launched a public consultation on the introduction of a UK carbon border adjustment mechanism (CBAM), following its announcement in December 2023. The UK Emission Trading System (ETS) will still be used as a reference to calculate the carbon price.

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Government Contracts & Investigations

FEBRUARY 29, 2024

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. Manos, Government Contract Cost & Pricing § 13:3 (2023). [24] DCAA, DCAM ¶ 6-413.1.c. 10] FAR 31.205-6(b)(1). [11] 13] DCAA, DCAM ¶ 6-413.1(e). 14] FAR 31.205-6(b)(2). [15]

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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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Federal News Network

AUGUST 20, 2024

30, 2026, according to a 2020 memo from Kim Herring, the then-acting principal director of the Office of Defense Contract and Pricing. million in 2023 and requested $6.5 It’s typically called out in the request for proposals that there will be a past performance, a technical assessment and evaluation of price and volume.

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The Coalition for Government Procurement

JULY 12, 2024

The BAA, however, is a price evaluation preference, which means if the price of a Chinese product is low enough, the federal government will buy that product. For large business offerors the price preference added to non-domestic offers is 20%, and for small business offerors it is 30%.

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Government Contracts & Investigations

FEBRUARY 29, 2024

Although the protester offered the lowest price, the agency found its proposal was technically unacceptable because it did not meet the new characteristics. The protester argued the GAO should use the evaluated price for jurisdictional purposes because it is a better representation of what the agency will likely spend on performance.

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Kluwer Arbitration

JULY 2, 2024

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC ” ) rendered decision 4A_486/2023 , upholding the unpublished Final Award in Clorox Spain S.L. This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. decision 4A_486/2023 , para.

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The Coalition for Government Procurement

APRIL 11, 2024

On March 6, 2024, the Federal Circuit vacated the CBCA decision on the threshold jurisdictional issue. 2] In a recent size protest, quotes were submitted on August 31, 2023. An unsuccessful offeror filed a size protest, alleging that the prospective awardee had received significant contract awards from 2019 through 2023.

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Procurement Notes

MARCH 5, 2024

27] “He noted that in early 2023 this model suggested only a 12% chance of a recession[.]” [28] Other Negative Indicators On top of the foregoing, some negative indicators are sprouting. For consumers, “[c]redit card delinquencies surged more than 50% in 2023 as total consumer debt swelled to $17.5 billion from $11.2 billion.” [37]

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The Coalition for Government Procurement

JANUARY 18, 2024

After nearly a year since the release of the amended version of the first draft request for proposal (RFP), on December 8 th , 2023, the General Services Agency (GSA) released the second draft RFP for the “Best-In-Class” (BIC) Governmentwide Acquisition Contract (GWAC). On February 1, 2023, the protester submitted its quote.

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The Coalition for Government Procurement

JANUARY 4, 2024

Potential Changes to FSS EPA Clauses As you know, one of the Coalition’s priorities in 2022 and 2023 was to increase flexibility in the application of Economic Price Adjustments (EPAs) in the Federal Supply Schedule (FSS) program during a time of historic inflation. The NDAA was signed into law on December 22, 2023.

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Open Contracting Partnership

DECEMBER 4, 2024

There are specific dashboards that analyze prices on the central e-catalog , medical procurement , buyer evaluations , Energy Services Company (ESCO) procurement, or internal auditing practices. Recently, TI Ukraine found an interim solution that combines the flexibility of ProBI with a low “entry threshold.”

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The Coalition for Government Procurement

OCTOBER 19, 2023

PAP 2021-05, Evaluation of FSS Program Pricing, is one such example. Given the significant pricing policy changes outlined in the PAP, it should have been subject to public review and comment. The questions all go to the integrity of the data being used to assess fair and reasonable pricing.

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The Coalition for Government Procurement

APRIL 25, 2024

The conference begins with remarks from Christine Harada , Senior Advisor in OMB’s Office of Federal Procurement Policy (OFPP), on the governmentwide Better Contracting Initiative , a four-pronged initiative to ensure that the Federal Government receives optimal terms and prices when purchasing goods and services.

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Procurement Notes

OCTOBER 10, 2022

Inflation is generally down from 2021, but is still high in too many places, and is expected to persist in 2023. 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 Background The U.S.

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The Coalition for Government Procurement

FEBRUARY 1, 2024

Considerations for the Private Sector The Framework, which was issued in January 2023, provides a set of voluntary best practices to the private sector for the development and use of artificial intelligence systems. Agencies are directed to focus attention on maximizing small business participation below the simplified acquisition threshold.

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The Coalition for Government Procurement

FEBRUARY 8, 2024

Considerations for the Private Sector The Framework, which was issued in January 2023, provides a set of voluntary best practices to the private sector for the development and use of artificial intelligence systems. Agencies are directed to focus attention on maximizing small business participation below the simplified acquisition threshold.

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The Coalition for Government Procurement

AUGUST 15, 2024

On September 20, 2023, the Army awarded the follow-on production contract to Taylor Defense Products, LLC. The first group of negotiated prices are for 10 Medicare Part D drugs that treat a variety of conditions including cardiovascular disease, diabetes, autoimmune diseases and cancer. The new prices will be effective Jan 1, 2026.

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The Coalition for Government Procurement

AUGUST 29, 2024

26, 2023, and the U.S. Further, confirming the broad applicability of CMMC, DOD confirmed that these requirements will be applicable to contracts below the Simplified Acquisition Threshold (which currently sits at $250,000). There are two sets of rules that will be utilized when the CMMC program is fully formed. The CMMC 2.0

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The Coalition for Government Procurement

SEPTEMBER 5, 2024

Pricing details included in the prospectus. Using data collected between 2019 and 2023, this survey measures mortality, safety of care, readmission, patient experience, and timely and effective care. 26, 2023, and the U.S. Thank you to our current sponsors of the Fall Training Conference! The CMMC 2.0

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The Coalition for Government Procurement

APRIL 4, 2024

On March 6, 2024, the Federal Circuit vacated the CBCA decision on the threshold jurisdictional issue. 2] In a recent size protest, quotes were submitted on August 31, 2023. An unsuccessful offeror filed a size protest, alleging that the prospective awardee had received significant contract awards from 2019 through 2023.

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The Coalition for Government Procurement

SEPTEMBER 12, 2024

Pricing details included in the prospectus. 26, 2023, and the U.S. Further, confirming the broad applicability of CMMC, DOD confirmed that these requirements will be applicable to contracts below the Simplified Acquisition Threshold (which currently sits at $250,000). These were initially proposed on Dec.

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Government Contracts Legal Forum

AUGUST 29, 2024

The 2023 GAO decision in Washington Business Dynamics, LLC , B-421953, B-421953.2 (Dec. 18, 2023), in which GAO extended the FSS exception to apply to size recertifications for orders placed under other MACs. 745 (2023). SBA’s Proposed Change to Size Protest Triggers in 13 C.F.R. 121.103(h)(3)). United States , 165 Fed.

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The Coalition for Government Procurement

JUNE 6, 2024

Introducing the FY23 Federal Market Report As part of The Coalition for Government Procurement’s continuing effort to provide value to our members, we would like to present our Fiscal Year 2023 Federal Market Report. Thanks to the outstanding generosity of our sponsors and members, we raised $11,000 for this wonderful cause in 2023.

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Government Contracts Legal Forum

SEPTEMBER 29, 2023

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. On fixed-price contracts, any recovery from the government will likely depend on whether the contractor is entitled to an equitable adjustment.

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The Coalition for Government Procurement

SEPTEMBER 19, 2024

Pricing details included in the prospectus. Under certain circumstances contracting officers may require continued performance fixed-price contracts if the contractor already has been paid or funds already have been obligated. 8, A3 Price Template V.2 For more information, please contact Heather Tarpley at htarpley@thecgp.org.

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The Coalition for Government Procurement

DECEMBER 14, 2023

As calendar year 2023 ends, the Coalition is looking ahead to 2024 and the policies, programs, and initiatives that will shape the federal procurement system and the delivery of customer agency mission support. Stakeholders must appreciate and understand that there is a nexus between requirements and price, especially for small businesses.

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Procurement Notes

JUNE 5, 2021

18] On this point, it is important to remember that the dollar thresholds for the SCA (in excess of $2,500), [19] the DBA (in excess of $2,000), [20] and the Order-imposed threshold for the FLSA (presently in excess of $10,000) [21] do not apply at the subcontract level. [22] Additionally, DoL has previously made this warning.

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The Coalition for Government Procurement

NOVEMBER 2, 2023

FAR & Beyond: Thoughts on “What is Fair and Reasonable? 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 ).

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Government Contracts Legal Forum

JANUARY 5, 2024

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 , signed into law on December 22, 2023, makes numerous changes to acquisition policy. Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here. Cost Accounting Section 802 amends 10 U.S.C.

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Import and Trade Remedies

OCTOBER 3, 2023

2023 has proven to be another dynamic year under the Government of Canada’s trade agenda, which showed no signs of slowing over the summer. The official launch of CARM Release 2, originally scheduled for October 2023, was delayed until May 2024 for the majority of persons importing goods into Canada.

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The Coalition for Government Procurement

MARCH 7, 2024

On June 9, 2023, DoD published a proposed rule to amend the DFARS to implement the E.O. This increase aligns the DFARS domestic content threshold with that in the FAR. This “fallback threshold” will remain in effect under both the FAR and DFARS rules until 2030. Check out the 2023 Year in Review!

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Federal News Network

JANUARY 26, 2024

With spending against governmentwide acquisition contracts reaching an all-time high in fiscal 2023, the Office of Federal Procurement Policy is pushing agencies to make changes to ensure a healthy amount of small business participate on these vehicles. The company says almost 55.8% billion and $10.5 billion, respectively.

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Procurement Notes

MARCH 16, 2023

Department of Labor (“DoL”), Bureau of Labor Statistics (“BLS”) Consumer Price Index for All Urban Consumers (“CPI-U”). 1] The latest CPI-U numbers, which BLS published in its March 14, 2023 summary, stated that “[o]ver the last 12 months, the all items index increased 6.0 January 2023 +6.4% January 2023 +6.4%

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The Coalition for Government Procurement

DECEMBER 12, 2024

million veterans eligible for VA care in 2023 received private care funded by the VA. 8(a) Mergers and Acquisition In October 2023, the protester acquired the assets of another concern, including the concerns OASIS 8(a) contract. 3] The protester sought novation from the contracting agency and requested SBA approval of the novation.

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The Coalition for Government Procurement

DECEMBER 19, 2024

In 2024, 27 Federal agencies reported 1,757 public AI uses, which is more than double the number of cases in 2023. Any costs or savings associated with SUP-free packaging must be included in the proposed product price. A firm submitted an offer on October 20, 2023. To add the icon to your products on GSA Advantage!

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The Coalition for Government Procurement

NOVEMBER 9, 2023

The BCI includes four priorities to make certain that the Federal Government receives “better terms and prices when purchasing goods and services.” The BCI is part of an effort that began in the Obama-Biden Administration to address agencies paying inconsistent and often higher prices when compared to the commercial market.

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