Kluwer Arbitration

FEBRUARY 20, 2024

Flexibility from the Start SCCA’s Article 8.1 Article 10: Pre-Meeting Facilitation Before the tribunal is constituted, Article 10 empowers the administrator to conduct a pre-meeting, fostering communication between parties. This post comments on some of these provisions in the SCCA’s rules.

Efficiency 52

Efficiency Negotiation Corruption Transparency 52

How to Crack a Nut

OCTOBER 6, 2023

The model AI clauses have been developed by reference to the (future) obligations arising from the EU AI Act currently under advanced stages of negotiation. Remarkably, most requirements will be limited to ‘high-risk AI uses’ as defined in its Article 6. Much more is needed than mere reliance on the model AI clauses.

Buyers 88

Buyers E-procurement Transparency Procurement 88

Government Contracts & Investigations

OCTOBER 11, 2023

This article addresses the applicability of the FAR Cost Principles and their general criteria for determining the allowability of costs. Subsequent articles will address the allowability of selected items of cost. Documenting the negotiation process and rationale are critical for such transactions. Allocability.

Price 52

Price Government Contracts Government Government 52

Government Contracts & Investigations

JANUARY 31, 2024

Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. Below, we cover a few important GAO decisions you should know from December 2023.

Bidding 52

Bidding Negotiation Evaluation Sustainability 52

Kluwer Arbitration

FEBRUARY 22, 2024

Instead, it encourages amicable settlements wherever possible (Article 13, FIL). The new Civil Code has incorporated long-standing principles such as good faith and abuse of rights as outlined in Articles 95 and 29. Remarkably, the FIL does not prescribe a specific dispute resolution mechanism.

Negotiation 52

Negotiation Influencing Efficiency Corruption 52

Select GCR

NOVEMBER 12, 2024

This article will explore what is prime contractor roles, responsibilities, and the importance of prime contractors in government projects. This involves a high level of responsibility and accountability, as prime contractors must manage both the resources and subcontractors effectively to fulfill their obligations.

Government Contracts 52

Government Contracts Contract Bidding Participation 52

Kluwer Arbitration

SEPTEMBER 22, 2024

Scope of Application Differently from traditional investment agreements, the stated purpose of the SIFA is not only to foster foreign direct investment (“FDI”) (Article 1), but also to do so in a manner that integrates environmental and labour standards, transparency, and corporate social responsibility.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

The Procurement School

JUNE 27, 2024

This article delves into the core concepts of Canadian contract law and examines their practical applications within the context of procurement. Additionally, any negotiations or discussions with suppliers must be conducted in a manner that does not inadvertently create a binding contract before the formal awarding process is complete.

Procurement 52

Procurement Contract Public Procurement Supplier 52

Kluwer Arbitration

JUNE 15, 2024

And so is their interplay (for a more detailed account of the relevant questions, see Kehl & Wuschka, ZEuS 2024 , 59 (67 et seq.)). Importantly, however, the ECT continues to apply for pre-existing and qualifying investments under its sunset clause, Article 47(3), for another 20 years. At the same time, Article 36(1) lit.

Influencing 52

Influencing Contract Negotiation Corruption 52

The Contractor's Perspective

JANUARY 12, 2023

The amount of inflation adjustment under section 822 must “account only for the actual cost of performing. but may account for indirect costs of performance, as the Secretary of Defense determines appropriate.” View the full article Requirement for continued performance.

Price 40

Price Accountability Negotiation Demand 40

Kluwer Arbitration

MAY 5, 2024

However, she flagged several issues inhibiting mediation’s widespread adoption such as (a) accountability; (b) premature invocation of mediation; and (c) socio-economic impact of mediation, as some of the reasons why mediation was not yet a serious contender. Rowley, KC observed that treaties have to be negotiated like contracts.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

JULY 30, 2024

This article explores the rising risk of disputes in the tech sector (whether before domestic courts or under international law) and the need for both investors and States to carefully consider their strategies. a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Tracker Intelligence

FEBRUARY 16, 2025

This article, which compares public and private procurement, gives suppliers the confidence to move in both markets. Strict laws, such as the Procurement Act 2023 and the Public Contracts Regulations, regulate public procurement activities in order to maintain accountability and safeguard public funds.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). In essence, it allows all participants to peep into each other’s ‘heads.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

The Procurement School

JULY 16, 2024

The following article discusses the various steps of contract management and its role in procurement efficiency. Compliance Including performance metrics and penalties for non-compliance promotes accountability and incentivizes suppliers to meet their obligations. But first a definition of efficiency.

Efficiency 52

Efficiency Procurement Contract Supplier 52

The Contractor's Perspective

MAY 25, 2023

The ongoing debt ceiling negotiations are approaching the “X Date” with little certainty of a resolution. Failing to raise the debt ceiling by that date would be unprecedented and, by most accounts, would have dire consequences for the economy. The X Date, the date on which the U.S. But the Court previously held in United States v.

Government 40

Government Government Accountability Contract 40

Kluwer Arbitration

FEBRUARY 27, 2024

After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. The tribunal reached this conclusion based in article 712 of the Paraguayan Civil Code, 2) Civil Code, art. 6) Article 5:106 – Terms to be given effect.

Contract 52

Contract Import Negotiation IT 52

Inter-American Development Bank

MAY 31, 2022

The second measure is to implement a Global Minimum Tax on corporates so that the accounting profits of multinationals are subject to an effective minimum tax rate of 15%. New features of the proposal It is important to acknowledge that is a very innovative proposal. Reform challenges The proposal also poses significant challenges.

Thresholds 52

Thresholds Distribution Electronics Accountability 52

Select GCR

SEPTEMBER 10, 2024

This article delivers a concise guide on effectively using SAM, from completing your registration to enhancing your contracting strategy. To thrive in federal contracting, having an active registration on SAM is non-negotiable. Diving into government contracting with SAM requires a clear roadmap to success.

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Government Contracts Government Government Contract 52

Kluwer Arbitration

AUGUST 7, 2024

The tribunal also examined whether the injury contractual termination because of injury (unfair advantage), as per article 1448º of the Peruvian Civil Code, could be applied in this case. Industrias Triveca S.A.C. Empresa Municipal de Saneamiento Basico Puno (EMSA Puno) (Award), CCL Case No.

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Freight Transportation Transportation Contract 52

Kluwer Arbitration

JANUARY 14, 2024

Our contributor observed that the difference between litigation and arbitration may account for the divergent results. Our contributor noted that this is the first time the distinction between “admissibility” and “jurisdiction” was clarified at the CFA level in Hong Kong.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Government Contracts Legal Forum

SEPTEMBER 12, 2023

For instance, the recitals in the settlement agreement explicitly state that Verizon received credit under DOJ’s guidelines for taking disclosure, cooperation, and remediation into account in False Claims Act cases as set forth in § 4-4.112 of the Justice Manual. View the full article This means that Verizon paid 1.5x

Telecommunication 40

Telecommunication Influencing Negotiation Networking 40

Government Contracts & Investigations

FEBRUARY 29, 2024

The previous four Cost Corner articles addressed the Cost Principles pertaining to the general criteria for determining the allowability of costs, direct and indirect costs, accounting for unallowable costs, and penalties for unallowable costs.

Price 52

Price Government Contracts Government Government 52

The Coalition for Government Procurement

OCTOBER 10, 2024

Identify unmet needs, broken processes, and problems around transparency, participation, and accountability.” Innovative approaches : “What innovative approaches or emerging technologies could the government explore to enhance transparency, public participation, and accountability?” NW, Washington, D.C. Polansky v.

Price 52

Price E-procurement Logistics Procurement 52

Kluwer Arbitration

FEBRUARY 24, 2024

For instance, the IBA Report notes that the Morocco Model BIT prevents investors and investments from initiating dispute settlement under its provisions if they have not complied with anti-money laundering, bribery, corruption, and anti-terrorist standards outlined in Article 19 of the Model BIT (IBA Report, pp. (IBA Report, p.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

DECEMBER 4, 2023

In that same year, disputes with Brazilian state entities accounted for at least 36 new arbitrations. Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. But if you’re still not convinced, let us step back from the legal technicalities.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

In that same year, disputes with Brazilian state entities accounted for at least 36 new arbitrations. Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. But if you’re still not convinced, let us step back from the legal technicalities.

Balance 52

Balance Transparency Contract Tender 52

ivalua

OCTOBER 1, 2019

History of the user experience: ( read this article in French ). They will want their user experience to take this into account with a greater or lesser number of mobility options or a solution that adapts to different devices, such as a desktop PC or a laptop, as well as a smartphone or a tablet.

Procurement 40

Procurement E-catalogue E-procurement Supplier 40

Government Contracts Legal Forum

SEPTEMBER 29, 2023

Contractors considering protest should note that the Government Accountability Office (“GAO”) will be closed during the shutdown. View the full article While agencies are unlikely to issue new solicitations or award new contracts during the shutdown, contractors may still have timely protest issues at the start of the shutdown period.

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Government Government Contract Insurance 40

Government Contracts Legal Forum

AUGUST 29, 2024

Per SBA, “[w]here the purchasing concern is not able to fulfill the requirements of the existing mentor-protégé agreements as written,” the protégé should be able to either negotiate a revised MPA with the purchasing concern or terminate the MPA if the protégé believes the new entity is not a good fit. View the full article

E-procurement 52

E-procurement Participation Purchasing Contract 52

Whistleblower Network News

DECEMBER 6, 2023

However, States Parties have failed to effectively implement Article 33 and other key whistleblower provisions of the convention. With informal negotiations in Vienna underway, one resolution on whistleblower protection has been introduced by Serbia and Palestine.

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Corruption Negotiation Accountability Transparency 118

Select GCR

DECEMBER 17, 2024

This article breaks down the essential rules every contractor needs to know. Governed by a comprehensive set of laws and regulations, this process ensures fairness, transparency, and accountability. Certain modifications may necessitate preliminary price negotiations to protect the governments interests.

Government 52

Government Government Government Contracts Transparency 52

The Coalition for Government Procurement

AUGUST 15, 2024

He began with the Government Accountability Office before serving as Chief Counsel to the then-GSA Board of Contract Appeals. A future article in the Friday Flash will provide more details on the requirements in these DFARS clauses. According to CMS, 15 more Part D drugs will be selected for negotiation for 2027 by February 1, 2025.

E-procurement 52

E-procurement Supply Chain Procurement Price 52

Procurement Notes

OCTOBER 10, 2022

That way, price adjustments can expediently be made, and contract performance can progress, without the contracting office and the contractor driving themselves mad over constant accounting drills. Which is not what the parties want to do for a fixed-price contract. 1) A FAR EPA clause cuts both ways.

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Government Government Price Contract 40

Import and Trade Remedies

OCTOBER 17, 2024

We are in the midst of a cutover period (October 5 to 21), during which imported goods will continue to be released, but accounting activities and the CARM Client Portal will be unavailable. Importers (non-CSA) can expect their first Statement of Account (SOA) to be issued on October 25, which will be due on October 31. Article 34.7

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Export Import Supply Chain Consulting 40

Kluwer Arbitration

NOVEMBER 14, 2023

Denton highlighted in his opening remarks, the timing of this year’s Conference coincided with the United Nations General Assembly, an auspicious reflection of the ICC’s history as a steadfast institution providing neutral, transparent, inclusive, and accountable multilateral platforms for the past 100 years and the century to come.

Transparency 40

Transparency Import Data Efficiency 40

The Coalition for Government Procurement

NOVEMBER 2, 2023

This “internal” guidance outlines a host of evaluation and negotiation directives, standards, and considerations for FSS contracting officers. Significantly, FSS Blanket Purchase Agreements (BPAs), which leverage individual agency requirements, now account for over 53% of the dollar value of orders under the program.

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Supply Chain Price E-procurement Contract 52