Kluwer Arbitration

APRIL 29, 2024

In KlimaSeniorinnen , the Court held 16:1 (Judge Eicke dissenting) that Article 8 ECHR (right to private and family life) encompasses a right to effective protection from—and a corresponding duty (or “positive obligation”) on States to mitigate—the serious adverse effects of climate change on human lives and health.

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Import and Trade Remedies

FEBRUARY 6, 2024

114-125 ) to increase the de minimis threshold for imports into the United States from $200 to $800, far exceeding similar thresholds in other countries globally. International Trade Commission (“ITC”), Section 321 imports account for a substantial share of all U.S. e-commerce imports in fiscal year 2022. Blumenauer.

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The Procurement School

OCTOBER 22, 2024

This article explores practical approaches to streamline public sector procurement processes and focuses on increasing participation from Small and Medium-sized Enterprises (SMEs). Smaller government contracts and projects with SMEs can often provide savings and a high level of performance and accountability.

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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%. We also suggest reconsidering the current ban on implementing the Digital Services Tax on companies with revenues below the agreed thresholds.

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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. The September 2023 Cost Corner concluded a three-part series on TINA. Allocability. Terms of the contract.

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Kluwer Arbitration

JULY 2, 2024

Hanotiau found a creeping indirect expropriation of Clorox’s investment by Venezuela without adequate compensation under article V of the bilateral investment treaty between Venezuela and Spain (the “BIT”) and awarded Clorox roughly USD 104 million. This includes preliminary questions of substance affecting the decision on jurisdiction (cf.

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Tracker Intelligence

SEPTEMBER 6, 2022

By the time you’ve finished reading this article, you will have a sound understanding of how public procurement works. Accountability Businesses, contractors, and government organisations should have a way to hold each other accountable for their decisions and actions. What is Public Procurement?

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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. See, e.g., China-Saudi Arabia BIT, Article 8(2) ; China-UK BIT, Article 7 ; China-Japan BIT, Article 11(2).

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Select GCR

OCTOBER 15, 2024

In this article, discover what EDWOSB certification is, its benefits, and how to get started. Eligibility for EDWOSB certification requires a business to be 51% unconditionally owned by economically disadvantaged women, satisfying strict financial thresholds and NAICS code criteria related to underrepresented industries.

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Government Contracts & Investigations

DECEMBER 6, 2023

Since the beginning of Fiscal Year 2024, the Government Accountability Office has published 35 decisions, but only two of which resulted in decisions sustaining the challenge. To meet this threshold, a protester must demonstrate that, but for the agency’s actions, it would have had a substantial chance of receiving the award.

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Kluwer Arbitration

FEBRUARY 21, 2024

Media accounts widely reported the US’ Amicus as supportive of Spain. First, the Amicus argues that a US court must make “its own determination that an arbitration agreement exists” as a “threshold” matter of determining its jurisdiction under FSIA. Amicus at 1). Amicus at 10, 16). Courts (such as Mobil Cerro Negro v.

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Kluwer Arbitration

MAY 22, 2024

Article 34 of the Mining Code establishes that no exploration and exploitation can be performed in areas declared and delimited by environmental authorities as “protected areas,” called “mining exclusion zones.” Mr. Martínez de Hoz, an arbitrator in this case, dissented.

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Kluwer Arbitration

JUNE 20, 2024

This article does not aim to go over the recently published Guidelines in their entirety. Decisions regarding disclosure of the use of AI tools shall be made on a case-by-case basis taking account of the relevant circumstances, including due process and any applicable privilege. Where rules and regulations (e.g.

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Kluwer Arbitration

MAY 24, 2024

Article 34 of the Mining Code establishes that no exploration and exploitation can be performed in areas declared and delimited by environmental authorities as “protected areas,” called “mining exclusion zones.” Mr. Martínez de Hoz, an arbitrator in this case, dissented.

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The Coalition for Government Procurement

JANUARY 18, 2024

Accounting Corner: First Glance: Breakdown of the Alliant 3 Draft Solicitation Authored By: Leo Alvarez, Principal, Dylan Schreiner, Manager, and Molly Menoni, Senior Consultant ; Baker Tilly January 18, 2024 The highly anticipated and closely watched second draft of the Alliant 3 solicitation is finally here! Read the full article here.

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Government Contracts & Investigations

FEBRUARY 29, 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. This decision is consistent with other decisions we have analyzed in previous articles. Thus, the GAO sustained the protest.

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Kluwer Arbitration

SEPTEMBER 16, 2024

These grounds replicate Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“ New York Convention ”) and include public policy, arbitrability of the dispute, and composition of the arbitral tribunal, amongst others.

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The Coalition for Government Procurement

SEPTEMBER 12, 2024

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). Note: Potential offerors should also review Baker Tilly’s article covering updates from draft RFP 1 to draft RFP 2. 89 FR 68274.

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Federal News Network

JANUARY 2, 2024

I think we recently saw an article that we crossed $100 billion a year market share threshold, which was somewhat unheard of just even a few years ago, but it’s all due to an unknown. And so we do take that into account very, very closely. We’ve made significant strides over the last year.

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The Coalition for Government Procurement

SEPTEMBER 5, 2024

This symposium is an excellent opportunity for contracts and compliance professionals, Federal account executives, and other professionals to stay informed and ensure their organizations are prepared for current and future cybersecurity requirements from their Federal customers. The CMMC 2.0 To register, click here.

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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.

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How to Crack a Nut

OCTOBER 22, 2024

This was a crucial issue and the outcome of this case could have provided much needed clarity on the extent to which the Commission does, and indeed must, take procurement law into account in the assessment of State aid measures that involve the award of public contracts. The Court took a markedly different approach.

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Government Contracts Legal Forum

JANUARY 5, 2024

Cost Accounting Section 802 amends 10 U.S.C. Although consolidation of the DIB has been an area of increased regulatory focus in recent years, the Government Accountability Office (GAO) released a report in October 2023 finding that DoD lacked sufficient resources and insight to perform its M&A monitoring and assessment function.

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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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Inside Government Contracts

MARCH 12, 2024

FHWA is proposing that the definitions of component, manufactured product, and manufacturer be substantially similar to those used in the BABA implementing rule, only making minor changes to account for FHWA’s category of “excluded materials” discussed below.

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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. It ensures consistency and accountability in government contracting. What are the key labor laws for government contractors?

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SmallGovCon

NOVEMBER 21, 2024

The question of whether the Rule of Two should be applied to MACs has actually been a hot topic for some time, and not just at SBA, also at the Government Accountability Office (GAO) and (as noted above)in our federal courts. Certainly, what SBA is proposing here is not a novel idea. f) (the SBA regulation proposed to change here).

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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. 1] The Government Accountability Office denied the protest. Tom also was Counsel to the U.S.

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Procurement Notes

OCTOBER 10, 2022

18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.

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Government Contracts Legal Forum

AUGUST 29, 2024

SBA is requesting comments on (1) whether 80 hours per month is an appropriate threshold, (2) whether there should be a minimum number of hours per week, and (3) whether there should be an exception to the 80 hours per month threshold for a limited number (or percentage) of individuals where such individuals are working at least 40 hours per month.

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Kluwer Arbitration

JANUARY 16, 2024

2020Na62481, 02 November 2021 Hyunyang Koo and Minjae Yoo, Lee & Ko, ITA Reporters for South Korea Under Article 168(1) and 170 of the Korean Civil Code, a claim raised in judicial proceedings has the effect of interrupting statute of limitation. A high threshold is applicable to s. District Court of Incheon, Decision No.

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GovCon & Trade

AUGUST 28, 2023

For instance: “Iron or steel products” means “articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both.” In addition, “[m]inor additions of articles, materials, supplies, or binding agents to a construction material do not change the characterization of the construction material.”

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Procurement Notes

MARCH 16, 2023

31] Generally speaking, the PCE is based on the national income and product accounts (“NIPA”) data which BEA uses to determine GDP. [32] 36] Specifically, unlike the CPI, the PCE does not merely account for goods and services purchased by a consumer, but also purchased on the consumer’s behalf (e.g., households. [38] households. [38]

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Kluwer Arbitration

MARCH 9, 2025

Key Amendments to QICCA Arbitration Rules Consolidation and Joinder Provisions A major change in the 2024 Rules is the introduction of Articles 10 and 21 , which allow consolidation of multiple arbitrations and joinder of third parties. Article 10 of the 2024 Rules introduces a new mechanism for consolidating arbitrations. Article 4.9

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How to Crack a Nut

NOVEMBER 22, 2024

According to the Court of Justice, Article 43 of Directive 2014/25/EU ‘reflects’ the EU’s international commitments to give equal participation rights to economic operators hailing from third countries benefiting from international commitments signed by the EU (paragraph 43, referring to Recital 27 of the Directive). 46 and 47). 58 and 59).

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Kluwer Arbitration

DECEMBER 10, 2024

In 2023 , Latin American states accounted for 35% of ICSIDs new cases, and Latin American private parties were among the most frequent users of ICC arbitration. This would bring the EEA 1996 in line with the UNCITRAL Model Law (Article 12(1)), as well as the ICC (Article 11) and LCIA Rules (r.

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The Coalition for Government Procurement

NOVEMBER 2, 2023

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. billion, which accounted for 11.4 GAO recommended that OMB lead efforts with the FRPC to develop new benchmarks for utilization that account for telework.

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