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Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. This article addresses the applicability of the FAR Cost Principles and their general criteria for determining the allowability of costs.
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. Under Section 3.6(a) of the GSA, were factually radically different to the issues in the QAPTL case.
KS&T Did not Have a Qualifying Investment NAFTA Article 1139(g) NAFTA Article 1139(g) defines “investment” as “real estate or other property, tangible or intangible, acquired in the expectation or used for the purpose of economic benefit or other business purposes.”
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. This article begins coverage of FAR 31.205, Selected Costs, which includes forty-seven Cost Principles, each of which governs the allowability of a particular type of cost. NASABCA No.
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
In the underlying investment treaty arbitration, Clorox sought compensation for the alleged expropriation and unfair treatment of its investment by Venezuela, through the enactment of price controls and currency exchange restrictions, and the nationalization of its assets. decision 4A_306/2019 of 25 March 2020, para.
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 ). It does not give unfettered discretion to the court to adjudicate outside the ambit of Article V(2)(b).
By the time you’ve finished reading this article, you will have a sound understanding of how public procurement works. Furthermore, the government organisation must make all solicitation documents available at a reasonable price. Such a service requires the government to procure contracts in a well-managed and efficient manner.
Although the protester offered the lowest price, the agency found its proposal was technically unacceptable because it did not meet the new characteristics. This decision is consistent with other decisions we have analyzed in previous articles. Thus, the GAO sustained the protest.
The most important innovation, acknowledging the weakness of the existing mechanisms, such as transfer pricing and thin capitalization rules, is the transfer of income from low tax countries to other countries with taxation rates over 15%. In an open and globalized economy, these two problems affect all countries.
This article explores practical approaches to streamline public sector procurement processes and focuses on increasing participation from Small and Medium-sized Enterprises (SMEs). Escalating bonding and insurance values directly increase bid pricing and that cost flows through to an owner, no matter what.
What Won As discussed in our bid protest annual review article ( available here ), it is important to look beyond the numbers and focus on challenges that (generally) result in a successful or effective protest. 2] This procurement utilized a lowest priced technically acceptable source selection methodology. In RELX, Inc. ,
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. I wrote an article in the NCMA magazine a couple of years ago where I call it the challenge of the decade, and it truly is.
For more background on the initial draft RFP, Baker Tilly published an article that is available here. Read the full article here. They must also report to the government if they discover that a covered article has been provided or used in the performance of a contract.
on agent’s fees, transfer pricing, employment, etc.), In this respect, article 1 of the Arbitration rules applicable to the CAS ad hoc Division for the Olympic Games, refers to “[…] any disputes covered by Rule 61 of the Olympic Charter ”. based on arbitration clauses included in contracts. Ordinary awards are generally confidential.
3705, which requires offerors to submit data other than certified cost or pricing data so that contracting officers may determine the price reasonableness of a contract, subcontract, or modification. Cost Accounting Section 802 amends 10 U.S.C. The provision amends the reporting requirement under 10 U.S.C.
Contractors should track and document any changes in workload to ensure that any increases in scope and associated cost or price adjustments are appropriately reflected in a contract modification. On fixed-price contracts, any recovery from the government will likely depend on whether the contractor is entitled to an equitable adjustment.
124.514(a)(1), if an 8(a) Participant graduates or has been terminated or the entity is no longer small under the size standard corresponding to the NAICS code for the requirement, negotiations to price an option cannot be entered into and the option cannot be exercised. Application of HUBZone Price Evaluation Preference (PEP).
For instance: “Iron or steel products” means “articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both.” In addition, “[m]inor additions of articles, materials, supplies, or binding agents to a construction material do not change the characterization of the construction material.”
In other words, for articles, materials, and supplies where the cost of iron or steel is more than 50% of the total cost of all components, the article, material, or supply should be analyzed under FHWA’s separate iron or steel test (rather than the above-referenced manufactured product test).
This article breaks down the essential rules every contractor needs to know. The FAR covers various aspects, including contract formation, administration, pricing, and subcontracting standards, ensuring a standardized approach to federal procurement.
Department of Labor (“DoL”), Bureau of Labor Statistics (“BLS”), September 13 Consumer Price Index (“CPI”) Summary states that “[o]ver the last 12 months, the all items index increased 8.3 1] Similarly, the BLS September 14 Producer Price Index (“PPI”) Summary states that “[o]n an unadjusted basis, the index for final demand moved up 8.7
If you simply cannot wait for Part II, understandable; in the meantime, please check out this article regarding the proposed Rule of Two update and some of the concerns already being raised in the industry–it even quotes yours truly. The general small business Rule of Two is similarly codified at both FAR 19.502-2 and 13 C.F.R.
This article cuts through complexity to address when sole sourcing is necessary, the justification process, and how to manage the associated risks. This must be demonstrated along with ensuring the price is fair and reasonable. Navigating sole source procurement? This indicates the presence of competitive market alternatives.
Pricing details included in the prospectus. 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 scoring updates are below: Read the full article here. The CMMC 2.0
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. The new prices will be effective Jan 1, 2026.
Pricing details included in the prospectus. Thank you to our current sponsors of the Fall Training Conference! 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.
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.
FAR & Beyond: Thoughts on “What is Fair and Reasonable? Federal Acquisition Policy and Procedure (PAP) 2021-05, Evaluation of FSS Program Pricing , sets forth “comprehensive guidance regarding the evaluation of pricing throughout the life of a Federal Supply Schedule (FSS) program contract.” Pay a Fair and Reasonable Price ).
It was very in-depth, and it had proposals to modernize the program, one of which is to add, a level of competition to the program to ensure that the contractors are performing with excellence and that there’s a chance to do a price competition potentially every five years for the contracts. We don’t.
You can read more about these topics and news from this week in the articles below. Some highlights include GSA starting the COMET II contracting process, and new guidelines on AI tool procurement for federal agencies. Have a great weekend! Carahsoft raid may be a wake up call for the reseller market U.S.
The final rule creates a presumption that procurement of sustainable goods and services is practicable unless an agency justifies that it cannot acquire products or services “(i) within a reasonable performance schedule; (ii) that meet reasonable performance requirements; or (iii) at a reasonable price.” View the full article
Key Amendments to QICCA Arbitration Rules Consolidation and Joinder Provisions A major change in the 2024 Rules is the introduction of Articles 10 and 21 , which allow consolidation of multiple arbitrations and joinder of third parties. Article 10 of the 2024 Rules introduces a new mechanism for consolidating arbitrations. Article 4.9
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.
This article will cover what 8a set aside contracts are, eligibility, and the benefits for your business. The SBA Associate Administrator for Business Development approves requests for competitive 8(a) awards below certain thresholds, ensuring that all parties comply with program requirements.
Department of Labor (“DoL”), Bureau of Labor Statistics (“BLS”) Consumer Price Index for All Urban Consumers (“CPI-U”). 3] Because economists often consider food and energy prices to be too volatile, they may pull those items out to see what is called “core inflation.” [4] Here, I provide some of the latest information and updates.
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