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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.
This article considers the reasons why parties often choose to seat their arbitration in a foreign jurisdiction, looking in particular at commercial contracts in Pakistan with an arbitration clause seating the dispute in London. These are important considerations for contracting parties negotiating the seat of arbitration in any contract.
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
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.
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 ).
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.
These percentages are the result of political negotiations and, consequently, debatable, particularly since knowledge mega-enterprises look set to become ever larger in the future and will reside mostly in developed economies, limiting the laudable redistributive function.
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. a negotiation period, time limitations, or excluded disputes).
Such framing sets a higher threshold for establishing a violation of FET. But unlike the fair administrative treatment in the PIA, the standard under Article 14 does not, at least explicitly, protect investors from arbitrary or manifestly arbitrary measures.
The panel noted that parties (including Japanese and Korean companies) who go through lengthy negotiations before the arbitration is commenced often can be unwilling to make a settlement offer once the arbitration is commenced.
For example, the submission proposes that the current prohibition under Article 3(1)(b) of the SCM Agreement against conditioning access to subsidies on the satisfaction of local content requirements should not apply to developing country Members, provided that the use of domestic goods does not exceed a threshold to be agreed by Members.
The most common grounds for direct awards of new contracts under Regulation 32 (use of the negotiated procedure without prior publication) of the Public Contracts Regulations 2015 include where: No tenders or suitable tenders have been submitted in a previously advertised open or restricted procedure. These are narrowly interpreted.
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.
Per SBA, “[w]here the purchasing concern is not able to fulfill the requirements of the existing mentor-protégé agreements as written,” the protégé should be able to either negotiate a revised MPA with the purchasing concern or terminate the MPA if the protégé believes the new entity is not a good fit. View the full article
FLSA exemption issues can arise when unpaid furlough periods reduce the compensation level of exempt employees below the threshold required for them to maintain their exempt status under federal, state, or local law. View the full article
This article breaks down the essential rules every contractor needs to know. Beyond the FAR, other significant laws such as the Armed Services Procurement Act and the Small Business Act provide additional guidance on contract negotiation, pricing, and subcontracting.
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.
A future article in the Friday Flash will provide more details on the requirements in these DFARS clauses. The first group of negotiated prices are for 10 Medicare Part D drugs that treat a variety of conditions including cardiovascular disease, diabetes, autoimmune diseases and cancer.
This article cuts through complexity to address when sole sourcing is necessary, the justification process, and how to manage the associated risks. For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted.
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.
This “internal” guidance outlines a host of evaluation and negotiation directives, standards, and considerations for FSS contracting officers. The PAP includes other directives and guidance that raise questions regarding equity and balance in the evaluation and negotiation of FSS pricing terms. federal contractors and suppliers).
Tom Temin And that $2 million that you mentioned, contract threshold, that is a significant reduction from the requirement for periodic competition now, which is 10 million. And I’m just hoping that in the final rule that we see some move from the proposed rule back to the way that the DoD. Originally had proposed it.
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).
18] On this point, it is important to remember that the dollar thresholds for the SCA (in excess of $2,500), [19] the DBA (in excess of $2,000), [20] and the Order-imposed threshold for the FLSA (presently in excess of $10,000) [21] do not apply at the subcontract level. [22] Additionally, DoL has previously made this warning.
The Working Group III, during its 47th and 48th sessions (succeeding the 43rd and 46th discussions), discussed the draft statute of the Advisory Centre, which, per articles 6 and 7 of the draft statute, has the mandate of capacity building and provision of legal support and advice with regard to an international investment dispute proceeding.
This article will cover what 8a set aside contracts are, eligibility, and the benefits for your business. Its important for potential participants to understand that if competitive negotiations occur before SBAs acceptance into the 8(a) program, the application may not be accepted.
MOI negotiations were conducted in English with the Portuguese version only developed to satisfy requirements under Mozambican law, according to the claimants (Notice of Arbitration, para 33). The parties agreed to a feasibility study, with the costs borne by PEL. Expenditures prior to the investment do not create economic value.
This article examines these potential excuses to contractual non-performance from a US law perspective. Every force majeure clause must be examined on a case-by-case basis, but a solid understanding of how courts interpret them and ambiguities therein can help in negotiations and litigation.
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