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FAR Council Issues Interim Rule Outlining Procedures Relating to Excluded Covered Articles and Sources

Inside Government Contracts

In broad stokes, the FASC regulations outline the procedural approach that civilian, defense, and intelligence agencies need to follow in order to make determinations relating to “Covered Articles” (i.e., The FAR rule will become effective on December 4, 2023, and will apply to new contracts and contracts subject to extension or renewal.

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Updating the UNCITRAL Model Procurement Law for “Green Procurement”

Public Procurement Intl

To make it easier to incorporate “green procurement” into procurement planning, the UNCITRAL model law might be amended to: Article 7 – Flexible Communications: Make it easier to change means of communication during the course of a procurement. system) hinge on vendors’ “green” initiatives has long been a very controversial approach.

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Procurement Methods vs. Solicitation Tools: What Every Procurement Professional Needs to Know

The Procurement ClassRoom

Organizational procurement policies often establish thresholds for the application of RFQs, RFPs, REOIs, and IFBs, defining their use within specific procurement methods or strategies. This article seeks to disentangle these overlapping terms by examining the tools and methods that are often used interchangeably.

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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

Wearing a second hat as an author of an article, Gaillard strongly criticised the SGS II approach. Therefore, Gaillard’s same conviction regarding umbrella clause travelled from his written memorial as a “counsel” to an article as a “scholar” further to an award as an “arbitrator” within a span of two years.

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Is the Last Bastion of State Immunity Under Siege? Some Reflections on the English High Court’s Decision in General Dynamics v Libya

Kluwer Arbitration

Waiver of Execution Immunity Under the SIA The increasing acceptance of the doctrine of restrictive immunity has influenced how municipal courts treat arbitration agreements entered into by States and State-owned entities (“SOEs”). Here, Libya inadvertently agreed to its assets being attached to satisfy an adverse arbitral award.

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OMB Final Rule Rewrites the Uniform Guidance for Grants, Cooperative Agreements, and Other Federal Financial Assistance

Government Contracts Legal Forum

The Final Rule also makes many changes to 2 CFR Parts 180 and 200, including, but not limited to, increasing the threshold for audits, clarifying the requirements for fixed amount awards, and implementing a mandatory disclosure rule. View the full article

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Turning up the Heat on Tech Investors: Navigating the New “Tech Cold War”

Kluwer Arbitration

Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. See, e.g., China-Saudi Arabia BIT, Article 8(2) ; China-UK BIT, Article 7 ; China-Japan BIT, Article 11(2).