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We just completed two articles on the Truth in Negotiations Act (TINA) [1] and, before that, two articles on Defense Contract Audit Agency (DCAA) audits. 4] TINA is intended to “level the playing field” by providing Government negotiators the same cost or pricing data available to contractors.
Employees often see unionizing as a way to negotiate from a position of strength over wages, safety, benefits, and other job-related issues that individuals acting alone cannot normally solve. This article provides details about the union process and guidance as to how employers can be prepared to respond.
The Supreme Court of Iran has rendered a historic decision, providing insight into the proper interpretation of Article 139 of the Iranian Constitution concerning administrative approvals for agreements to arbitrate, which has been considered to be a major hurdle to arbitration in Iran. Law will specify the important cases intended here.”
Whistleblower advocates are calling on members of Congress to include the IRS Whistleblower Program Improvement Act as a part of the Tax Relief for American Families and Workers Act of 2024 , the large bipartisan tax bill currently being negotiated in Congress. Kohn called for the passage of the bill in an article for Bloomberg Tax.
This would encourage the companies’ management to manoeuvre settlement negotiations with more confidence once the arbitration has commenced. Discussing settlement windows when establishing the procedural timetable will encourage all parties and tribunal members to consider settlement negotiations and facilitations at an early stage.
This article covers how a small business government contractor can qualify, find opportunities, and thrive in this space. GSA Schedules GSA Schedules, also known as Federal Supply Schedules (FSS), offer small businesses a platform to access federal contracts without continuous individual negotiations.
This article seeks to disentangle these overlapping terms by examining the tools and methods that are often used interchangeably. Letter of Invitation (LOI) and Direct Negotiation Documents Restricted or Limited Bidding A method restricted to a preselected list of suppliers.
What is the Truthful Cost or Pricing Data Act, formerly known as the Truth in Negotiations Act? View the full article When are contractors and subcontractors required to provide certified cost or pricing data? And what does Nicole’s Cookie Monster coffee mug have to do with it?
View the full article The post GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings appeared first on Government Contracts Legal Forum.
In this article, we’ll explore key aspects of government construction projects and provide insights to help you secure contracts and achieve success. However, navigating the complex world of public sector contracting can be challenging.
India formally objected to Pakistan’s unilateral application to the PCA for arbitration and called for modifications to the IWT under Article XII(3) of the IWT. Article IX, IWT ) Seemingly, Pakistan bypassed the graded mechanism and directly escalated the dispute to the third stage.
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.
It took 16 years of negotiations for India and the European Free Trade Association (“EFTA”)—comprising Switzerland, Norway, Iceland, and Liechtenstein—to clinch a free trade agreement (“FTA”). Furthermore, there is also excitement due to Article 7.1(3)(b), Specifically, Article 7.1(3)(a) Specifically, Article 7.1(3)(a)
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.
This article does not centre around C v D , but rather aims to discuss the perspective of Vietnamese courts regarding non-compliance with pre-arbitral requirements or preconditions to arbitration. The HKCA’s decision was reaffirmed by the HKCFA earlier this year. The HKCFA dismissed this argument as “untenable.”
Contractors often negotiate FSS prices that are higher than they expect to actually charge, knowing that agencies may expect discounts. This article was originally published by Steven Koprince on LinkedIn and is reprinted with permission. ” The GAO sustained the protest. Per GAO, that tried-and-true strategy is viable.
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.
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. As we enter into the new year, it remains critical for government contractors to understand what issues win at the GAO and why.
The cognizant Federal agency of the contractor transferring its contracts via a Novation Agreement is generally the party tasked with coordinating the government response and negotiating and executing that agreement on behalf of the U.S. See FAR 42.1204(i) (standard Novation Agreement, Article (b)(8)). Government. FAR 42.1202.
This article highlights the backgrounds and key holdings of Guiding Cases 196, 197 and 198 (the first three of the six guiding cases, which focus on several pivotal issues related to the arbitration agreement) and seeks to explain the significance behind these court decisions. The FICC first affirmed its jurisdiction to review this issue.
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. This has been heavily criticised in a recent open letter.
Compared with the 2015 Rules , the 2024 Rules have expanded from 84 provisions to 88 provisions and incorporated recent developments in international arbitration, such as third-party funding (Article 48) and early dismissal (Article 50). This article will present an overview of the key amendments and new updates to the 2024 Rules.
It aims to “enhance the capacity of States and regional economic integration organisations in handling international investment disputes”, with a particular focus on least developed and developing countries, as identified in the annex to the draft statute (Article 2).
But also when you’re dealing with the export of defense articles, you’ve got to deal with a whole other set of issues. company is going to obtain a commercial export license for those defense articles from the State Department, which will allow them to negotiate with and sell directly to a foreign government.
An Indeed boundary-setting article emphasized the point: “This can help you focus on other more important tasks and allow the daily operations of your workplace to run smoothly.” But if you give extra attention to delegation now, you’ll reap the rewards in the future when you can count on another person to help you carry the burden.
The lead story in this Wall Street Journal article makes me sick. Johnston best of luck in her next price negotiation with a “proven enterprise technology company.” In the article, Ms. I sincerely wish Ms. And I sure as hell hope they call her bluff. So, please, be genuine.
A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. Fairbairn [1942]; Taylor & Anor v.
Our previous article focused on the first three guiding cases (Guiding Cases 196, 197, and 198) which addressed several critical issues related to arbitration agreements. This article elaborates on the context and pivotal holdings of the three remaining cases—Guiding Cases 199, 200, and 201. As a case in point, in Sun Dingshang v.
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.
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. In dismissing this challenge, the CoC held that Article 226 primarily addresses territorial (or geographical) jurisdiction.
In light of the increased audit activity focusing on defective pricing issues, this article surveys recent defective pricing cases, specifically those decided since the turn of the century.
While the parties negotiated whether to implement the Navy’s proposed corrective action, Konecranes made the correction it deemed necessary in order to continue making progress on the four cranes. View the full article During a subsequent government inspection, the Navy discovered significant damage to the crane’s luffing drum.
After lengthy negotiations, on June 29, 2020, the parties agreed to annul the Contract, signing an agreement called “Termination and Cancellation Notice”. The Seller was not notified of the arbitration proceedings, failing to comply with the requirement in Article 36 of Law No. of the CPC. of the CPC.
Articles 11 and 22 of the Model BIT require investors to respect the indigenous communities’ biological resources, diversity, rights to intellectual property, traditional knowledge, and culture and to allow those communities to file amicus curiae briefs in arbitrations. Similarly, Article 46.1
Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “ any circumstances likely to give rise to justifiable doubt as to their impartiality and independence ”. In: WEBER, Ana Carolina; LEITE, Fabiana de Cerqueira (org.). 73/1993 and n.
The contractor was, for example, free to submit a protective claim while the parties continued to negotiate an amicable resolution. View the full article Equitable tolling is only provided sparingly, and here the Board said there was no extraordinary circumstance that would warrant tolling the statute.
To mitigate this, some state agencies have had to negotiate with Tesla to open their Supercharger network to non-Tesla vehicles or to develop hybrid stations that can accommodate different types of EVs. Editor’s Note: This article originally appeared in the Sept. Isaac lives in the Capitol Hill neighborhood of Washington, D.C.,
This article will explore what is prime contractor roles, responsibilities, and the importance of prime contractors in government projects. Adherence to the Federal Acquisition Regulation (FAR) and maintaining thorough documentation are non-negotiable requirements.
With pre-approved products, GSA MAS provides agencies the following: Faster acquisitions by eliminating costly and time-consuming RFPs Pre-qualified contractors government can connect with Pre-negotiated terms and conditions, and competitive prices. To read more about this approach, check out this recent report.
In the dynamic realm of global public sector contracts, the essence of cultural awareness transcends mere compliance; it’s a pivotal catalyst for fostering effective communication, enhancing negotiation prowess, and ensuring equitable service delivery across diverse populations.
States can negotiate better pricing because of the anticipated higher volume of business when they open these contracts to local government. This article appeared in our guide, “Building Trust With Tech In State and Local Government.” That works in everyone’s favor. Everyone is a target,” Ward said. “We
The underlying appeal dated back to 2014, but the government chose to wait until 2020, after earlier negotiations and a nine-day merits hearing, to challenge the Board’s jurisdiction. View the full article
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