Government Contracts Legal Forum

MAY 7, 2024

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?

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IT Negotiation Price Government Contracts 52

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.

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Efficiency Negotiation Corruption Transparency 52

Government Contracts Legal Forum

APRIL 22, 2024

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.

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Price Negotiation Quantity Utilities 52

Public Contracting Institute

MAY 20, 2024

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.

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Bidding Government Government Negotiation 52

Kluwer Arbitration

NOVEMBER 29, 2023

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.

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Kluwer Arbitration

FEBRUARY 18, 2024

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”).

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Kluwer Arbitration

JUNE 12, 2024

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)

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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.

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SmallGovCon

FEBRUARY 16, 2024

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.

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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. As we enter into the new year, it remains critical for government contractors to understand what issues win at the GAO and why.

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Bidding Negotiation Evaluation Sustainability 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.

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Kluwer Arbitration

DECEMBER 22, 2023

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.”

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Kluwer Arbitration

FEBRUARY 25, 2024

2 might be in breach of Article 26 of the ICSID Convention. These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs).

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Kluwer Arbitration

DECEMBER 31, 2023

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.

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Efficiency Consulting Contract Negotiation 52

Public Contracting Institute

OCTOBER 25, 2024

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.

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Kluwer Arbitration

OCTOBER 28, 2024

Particularly, the law requires the terms and conditions of arbitration and mediation to be established in advance (Article 47 of the 2024 Law on Sustainable Investments). 5 of the 2014 Law on Foreign Investments).

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Kluwer Arbitration

SEPTEMBER 28, 2023

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.

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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. This has been heavily criticised in a recent open letter.

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Buyers E-procurement Transparency Procurement 88

Kluwer Arbitration

JULY 7, 2024

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).

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Education Efficiency Integrity Integration 52

Kluwer Arbitration

FEBRUARY 12, 2024

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.

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Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

JUNE 15, 2024

A withdrawal takes effect one year after the receipt of the notification of withdrawal by the ECT’s depositary under Article 47(2) of the ECT, leading to the UK’s withdrawal becoming effective on 27 April 2025 (as also noted in the ECT Secretariat’s press release ). At the same time, Article 36(1) lit.

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Federal News Network

NOVEMBER 9, 2023

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.

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ivalua

AUGUST 25, 2016

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.

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Innovation IT Price Negotiation Negotiation 40

GovLoop

DECEMBER 20, 2022

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.

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Kluwer Arbitration

DECEMBER 12, 2023

The law governing the effects of insolvency in arbitration has become one of the most contentious topics in the negotiations. The draft provisions could be incompatible with article 20 UNCITRAL Model Law on Cross Border Insolvencies (UMLCBI ) Article 20 UMLCBI regulates the effects of recognition of a foreign main proceeding.

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Negotiation Capacity Government Government 52

Kluwer Arbitration

OCTOBER 27, 2023

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.

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Contract Balance Negotiation Insurance 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. Documenting the negotiation process and rationale are critical for such transactions.

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Price Government Contracts Government Government 52

Kluwer Arbitration

NOVEMBER 17, 2023

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.

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Price Negotiation Innovation Finance 59

Kluwer Arbitration

JANUARY 24, 2024

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

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Sustainability Participation Negotiation Corruption 52

Kluwer Arbitration

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. 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

Government Contracts Advisor

NOVEMBER 8, 2023

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.

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Price Negotiation Government Contracts Data 52

Government Contracts Legal Forum

JUNE 20, 2024

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.

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Kluwer Arbitration

MARCH 31, 2024

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.

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Federal News Network

FEBRUARY 15, 2024

And we even, you know, we got to write up, in an article that said that they really were extremely satisfied and surprised by sort of that open kimono type of negotiation. That’s what’s possible in this program, and that’s how this program was designed to run.

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Government Contracts Legal Forum

FEBRUARY 1, 2024

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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Negotiation Evaluation Government Contracts Contract 40

Kluwer Arbitration

APRIL 22, 2024

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.

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Government Government Capacity Influencing 52

Kluwer Arbitration

AUGUST 4, 2024

The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal. Even less, treaties can shield investors from risks inherent in the nature of the business or operation itself.

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