Government Contracts & Investigations

OCTOBER 11, 2023

Section 202 of the FASCSA established the FASC, authorizing the Council to make recommendations for orders that would require the removal of specified articles from government information systems (“removal orders”), or the exclusion of sources or covered materials from procurement actions as a whole (“exclusion orders”).

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Kluwer Arbitration

JANUARY 2, 2024

Thus, he considers the primary rule of treaty interpretation in Article 31(1) of the VCLT, explains that the language used does not assist in ensuring consistency in treaty interpretation, and that the absence of guidance gives a wide-ranging and unguided discretion to interpreters.

Management 52

Management Supply Chain Thresholds Balance 52

Kluwer Arbitration

FEBRUARY 12, 2024

1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. Functional Jurisdiction of the Competent Court The Appellant’s second challenge concerned the interpretation and application of Article 226 of the UAE Federal Law No. Dubai CoC Case No.

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Government Contracts & Investigations

DECEMBER 6, 2023

As contracting activities are busy awarding new contracts, it is important to follow the trends related to successful and effective protests as you consider filing your own bid protest, or as you defend your award as an intervenor. Below we dive into recent bid protest decisions and identify what won, what did not win, and why.

Bidding 52

Bidding Sustainability Evaluation Thresholds 52

Inter-American Development Bank

MAY 31, 2022

Amount B focuses on the remuneration of routine marketing and distribution activities carried out in the market jurisdiction by a related party of the MNE; the details of this important aspect are still being defined. New features of the proposal It is important to acknowledge that is a very innovative proposal.

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Thresholds Distribution Electronics Participation 52

Kluwer Arbitration

JUNE 11, 2024

Against this backdrop, some important lessons can be drawn for practitioners. Commonly, the grounds for annulment are similar to the grounds for refusing to recognize an award under Article V of the New York Convention ( e.g. , Article 34 of the UNCITRAL Model Law ).

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Distribution Price Negotiation Manufacturing 59

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.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

JANUARY 23, 2024

The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value. 34 of 2021 (“ Decree No.

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Thresholds Quality Efficiency Influencing 52

Kluwer Arbitration

FEBRUARY 28, 2024

This is an important judgment because it does not rely on “finality”, as envisaged in the Guide or the international precedents. Aurangzeb J next held that the Convention does not differentiate between interim or final awards and in the particular case, as per Article 2(v) of the ICC Rules, an award includes interim, partial or final awards.

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Import Thresholds Contract Corruption 52

Kluwer Arbitration

DECEMBER 2, 2023

15) of 2023 (“Amendment Law”), specific amendments have been introduced to key articles of the Federal Arbitration Law No. (6) 6) of 2018 (“UAE Arbitration Law”), a legislation comprising of 61 articles which stands as the cornerstone of arbitration regulations within the UAE. Under the recently issued Federal Law No. (15)

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

OCTOBER 6, 2024

This relates to the facts of the case, the Respondent’s litigation strategy and, most importantly, the invoked security exception clause in Article 22.2 This relates to the facts of the case, the Respondent’s litigation strategy and, most importantly, the invoked security exception clause in Article 22.2

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Thresholds Utilities IT Corruption 52

Kluwer Arbitration

DECEMBER 22, 2023

He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. She also highlighted the high threshold in Denmark to set aside an award based on an arbitral tribunal’s action, especially if such action is covered by the national law, institutional rules and/or procedural orders.

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Thresholds Corruption Import Management 52

Kluwer Arbitration

FEBRUARY 21, 2024

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. The authors gratefully acknowledge the assistance of Stephen Benz, associate at BakerHostetler LLP, in preparing this article. Amicus at 10, 16).

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Thresholds IT Balance Media 52

Kluwer Arbitration

MARCH 20, 2024

In this respect, the drafting of the rules is very broad, with article R27 providing that “ Such disputes may involve matters of principle relating to sport or matters of pecuniary or other interests relating to the practice or the development of sport and may include, more generally, any activity or matter related or connected to sport ”.

Corruption 52

Corruption Participation Import Thresholds 52

Government Contracts & Investigations

SEPTEMBER 18, 2023

It also is important to keep in mind that BABA, and by extension, OMB’s Guidance, applies only to infrastructure projects and infrastructure spending – the requirements do not apply to other forms of federal spending, whether through the procurement process, or through other non-infrastructure grant and assistance opportunities.

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Manufacturing Supply Chain Procurement Thresholds 52

Government Contracts & Investigations

FEBRUARY 29, 2024

2] Under the most important evaluation factor, prior experience, the agency was to “assess its level of confidence that the [o]fferor provided a detailed description of prior relevant experience examples where the [o]fferor provided property management support…of a similar size and scope as the TSA [p]roperty [m]anagement [p]rogram.”

Bidding 52

Bidding Evaluation Sustainability E-procurement 52

Import and Trade Remedies

AUGUST 30, 2023

Under certain conditions, the EU says, well-designed subsidy schemes can make an important contribution to achieving climate transition and other environmental goals. extra import duties) aim to offset the benefits of subsidies to beneficiaries that export subsidized products. to its hydrogen industry. International Trade Commission.

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Kluwer Arbitration

NOVEMBER 20, 2024

Varin underscored the importance of timing global business events to align with major international movements – like the UN General Assembly – creating synergies that amplify the impact of business initiatives. Simoni added that U.S. She noted that contracts with early legal input are far less likely to end in disputes.

Contract 52

Contract Import Participation Management 52

Public Contracting Institute

AUGUST 19, 2024

This article provides some key considerations to enhance the reader’s understanding of the FAR prescriptions, AND, the user/participants experience using the CPARS. Federal Acquisition Regulation (FAR) Part 42, Subpart 42.15 provides the policies for federal agencies to establish, record, and maintain contractor past performance information.

Evaluation 52

Evaluation Participation Thresholds Contract 52

Kluwer Arbitration

JUNE 20, 2024

This article does not aim to go over the recently published Guidelines in their entirety. The inclusion in the Guideline itself rather than in the commentary as per the draft, shows the importance of the arbitrator’s obligation to draft awards. Where rules and regulations (e.g. laws, treaties, domestic statues, ethical rules, etc.)

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Evaluation Thresholds Ethics Accountability 52

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. So supply chain risk management and elimination becomes a very important discipline. So it’s a daunting challenge.

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Supply Chain Balance Supplier Data 91

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.

Thresholds 52

Thresholds Corruption IT Sustainability 52

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. We now move on to the FAR Cost Principles, specifically FAR Subpart 31.2, Limitations in FAR Subpart 31.2

Price 52

Price Government Contracts Government Government 52

Kluwer Arbitration

OCTOBER 25, 2023

Dr. Al Tourah commented on the ongoing discussions to progress Kuwait’s arbitration landscape and on the importance of selecting the most appropriate regime for Kuwait. Expanding on Article 28 of the ICC Rules, Farah emphasised that interim reliefs are only issued if there is a threat of irreparable harm.

Collaboration 52

Collaboration Import Efficiency Thresholds 52

Kluwer Arbitration

JULY 5, 2024

This is an important step in promoting the adoption of the “seat standard” among lower courts throughout China. Faced with the same threshold question in Brentwood , the Beijing Court directly applied the “seat standard” and decided that it had supervisory jurisdiction over the ICC award rendered in Beijing.

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Thresholds Import Corruption IT 52

VWV

MAY 19, 2021

The threshold for relying on this ground is high – a contracting authority needs to be able to show there is only one provider in the relevant market supported by market studies, not simply that other suppliers would be more expensive or would face economic or technical difficulties in meeting the requirements.

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Tender Contract Supplier Procurement 40

Kluwer Arbitration

NOVEMBER 18, 2023

The YCAP report is a rare opportunity, given the confidentiality of arbitral awards, to see what parties can expect from arbitral tribunals, and thus provides an important data point for practitioners in advising their clients.

Management 52

Management Data Negotiation Participation 52

How to Crack a Nut

OCTOBER 22, 2024

The State aid Decision made two important explicit points. This led AG Campos to conclude, on this issue, that … there are many reservations to raise as against the classification of the “collection of agreements” at issue as a genuine public works contract within the meaning of Article 2(1)(6) of Directive 2014/24.

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Procurement Finance Purchasing Public Procurement 52

Government Contracts Legal Forum

SEPTEMBER 29, 2023

Contract type and the availability of a remedy from the government for the consequences of a shutdown will also be important in the decision-making process. View the full article For contractors without readily available cash or credit lines, the consequences of more than a brief delay in payment could be more consequential.

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Government Government Contract Insurance 40

GovCon & Trade

AUGUST 28, 2023

A flurry of new domestic-preference updates brings greater clarity to the requirements and imparts important lessons that government contractors should know when bidding for and performing on federal financial assistance programs. We explore three new updates below. BAA requirements apply to direct federal procurement—goods bought by the U.S.

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Manufacturing Transportation Transportation Supply Chain 130

SmallGovCon

NOVEMBER 21, 2024

So again, we will be covering this in a two-part blog–both to ensure we are always promptly and thoroughly providing important regulatory updates to our readers, and in the interest of blog brevity (which we certainly value here too). The general small business Rule of Two is similarly codified at both FAR 19.502-2 and 13 C.F.R.

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Contract Thresholds Price Quality 80

The Coalition for Government Procurement

SEPTEMBER 5, 2024

The proposed rules offer important insights into the CMMC program: Subcontractor Compliance. 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). The CMMC 2.0

Procurement 52

Procurement Contract Networking Budget 52

The Coalition for Government Procurement

SEPTEMBER 12, 2024

The proposed rules offer important insights into the CMMC program: Subcontractor Compliance. 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). 89 FR 68274.

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Select GCR

DECEMBER 17, 2024

This article breaks down the essential rules every contractor needs to know. In addition to the FAR, federal contractors must comply with other important regulations like the Service Contract Act and the Davis-Bacon Act. These rules include procurement procedures, labor laws, non-discrimination policies, and cybersecurity requirements.

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Select GCR

SEPTEMBER 3, 2024

This article cuts through complexity to address when sole sourcing is necessary, the justification process, and how to manage the associated risks. It’s important to verify the exclusivity of the source and highlight the criteria used to determine such a situation. Navigating sole source procurement?

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The Coalition for Government Procurement

JULY 18, 2024

See the article above for more details. For bulk sensitive personal data, there is a yet-to-be-determined volume threshold that must be involved in the transaction for it to be covered. Suggested thresholds in the ANPRM range from data sets on 100 U.S. GSA is also expanding TDR as an option to additional SINs in August 2024.

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Supply Chain Data Price Thresholds 52

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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