Government Contracts Legal Forum

JANUARY 16, 2024

The awarded task order reflected GreenXT’s proposed cost of $24,848,774, which was just below GAO’s $25 million jurisdictional threshold. But the Navy determined GreenXT’s total evaluated cost— i.e., the total amount the Navy expected to pay—to be $25,116,561, which was above the GAO threshold. View the full article

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Kluwer Arbitration

MAY 23, 2024

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.”

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Participation Purchasing Accountability Price 75

Whistleblower Network News

NOVEMBER 14, 2023

“Passing the $2 billion threshold in whistleblower awards is a major milestone for the Dodd-Frank whistleblower programs and a testament to how they have revolutionized the enforcement of white-collar crime,” said whistleblower attorney Stephen M. “The derivatives markets,” wrote Kohn in an article calling for the passage of the bill.

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Government Contracts Legal Forum

JUNE 27, 2024

View the full article The Board noted that it intends to consider a number of criteria in making its determination, including the parties’ respective risks, oversight and compliance burdens, the encouragement of robust competition, minimizing complexity, and the promotion of consistency in the application of CAS.

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SmallGovCon

JANUARY 11, 2024

It’s a good chance to look back on the important articles from 2023, and those topics of continuing interest to federal contractors. 9 Senate-Passed 2024 NDAA set to Raise DoD Set-Aside Sole-Source Contract Threshold Limits. 6 FAR Final Rule: Increased Micro-Purchase and Simplified Acquisition Thresholds.

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VWV

FEBRUARY 22, 2022

Universities have successfully persuaded the Cabinet Office to introduce a minimum contract value threshold of £2 million in relation to some of the transparency requirements to reduce the administrative burden on universities, particularly regarding the publication of information.

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Government Contracts & Investigations

OCTOBER 11, 2023

Section 202 of the FASCSA established the FASC, authorizing the Council to make recommendations for orders that would require the removal of specified articles from government information systems (“removal orders”), or the exclusion of sources or covered materials from procurement actions as a whole (“exclusion orders”).

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Government Contracts Legal Forum

MARCH 12, 2024

DOJ also expects to provide rewards to whistleblowers only in cases involving penalties above a certain monetary threshold. View the full article The post DOJ Offers Cash “Carrot” to Whistleblowers; Foreshadows “Stick” of More Corporate Enforcement appeared first on Government Contracts Legal Forum.

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Kluwer Arbitration

APRIL 29, 2024

In KlimaSeniorinnen , the Court held 16:1 (Judge Eicke dissenting) that Article 8 ECHR (right to private and family life) encompasses a right to effective protection from—and a corresponding duty (or “positive obligation”) on States to mitigate—the serious adverse effects of climate change on human lives and health.

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Government Contracts Legal Forum

APRIL 30, 2024

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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Import and Trade Remedies

FEBRUARY 6, 2024

114-125 ) to increase the de minimis threshold for imports into the United States from $200 to $800, far exceeding similar thresholds in other countries globally. It would maintain the $800 cap but apply lower thresholds with countries on the basis of reciprocity. De Minimis Reciprocity Act of 2023 ( S. Blumenauer.

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Kluwer Arbitration

JANUARY 2, 2024

Thus, he considers the primary rule of treaty interpretation in Article 31(1) of the VCLT, explains that the language used does not assist in ensuring consistency in treaty interpretation, and that the absence of guidance gives a wide-ranging and unguided discretion to interpreters.

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Kluwer Arbitration

JUNE 27, 2024

The Declaration purports to be an international legal instrument issued pursuant to paras (1) and (2) of Article 17 of the ECT. The Proposal and Declaration purport to be based on Articles 207 and 218(9) of the Treaty on the Functioning of the European Union (the “ TFEU ”). Does the Proposal Have a Sound Basis in EU Law?

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Inter-American Development Bank

OCTOBER 31, 2024

In our region and within multilateral developing banks, it is a common practice to rely exclusively on monetary thresholds to decide on selection methods, which can be problematic as it is not the optimal solution for all cases. Subscribe to our newsletter to keep yourself updated about our latest publications, blogs and events.

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Public Procurement Procurement Strategic Planning Balance 52

Kluwer Arbitration

FEBRUARY 15, 2024

Clarifying the Application of the arbitrateAD Rules The arbitrateAD Rules apply to any arbitration commenced on or after 1 February 2024 where the parties have agreed to submit their dispute: 1) Article 1(1) under the arbitrateAD Rules; to arbitrateAD; or to the Abu Dhabi Chamber of Commerce. 34 in 2021 , 3) Article 6a of Decree No.

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Kluwer Arbitration

DECEMBER 2, 2023

15) of 2023 (“Amendment Law”), specific amendments have been introduced to key articles of the Federal Arbitration Law No. (6) 6) of 2018 (“UAE Arbitration Law”), a legislation comprising of 61 articles which stands as the cornerstone of arbitration regulations within the UAE. Under the recently issued Federal Law No. (15)

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Kluwer Arbitration

JULY 2, 2024

Hanotiau found a creeping indirect expropriation of Clorox’s investment by Venezuela without adequate compensation under article V of the bilateral investment treaty between Venezuela and Spain (the “BIT”) and awarded Clorox roughly USD 104 million. This includes preliminary questions of substance affecting the decision on jurisdiction (cf.

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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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Kluwer Arbitration

JANUARY 23, 2024

The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value. 34 of 2021 (“ Decree No.

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Kluwer Arbitration

MARCH 29, 2024

The Claimants alleged that Spain had thereby breached its obligations of fair and equitable treatment under the Energy Charter Treaty 1994 (“ECT”) and commenced an ICSID arbitration pursuant to Article 26 of the ECT. The same applies to the ECT for that matter, which expressly incorporates ICSID in article 26. 3) [2000] 1 AC 147.

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Kluwer Arbitration

SEPTEMBER 19, 2024

According to Article 180(1)(c) PILA, an arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to his or her independence or impartiality. The Court recalled that proving actual bias is not necessary to succeed with an application for revision under Article 190(1)(c) PILA.

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GovLoop

APRIL 26, 2023

Red River helps agencies build security models that help them with threat-hunting, through adaptive thresholding, mathematical principles and ML, and dashboards highlighting potential malicious activity. “So, This article appears in our guide, “ Decision Intelligence: New Possibilities for Data-Based Decision-Making.”

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Kluwer Arbitration

MARCH 24, 2024

Indeed, a party willing to bring an annulment action before a regional High Court of Justice must allege and prove one of the six grounds for annulment provided under article 41 of the SAL , which essentially mirror those set out in Article 34 of the Model Law, including the award being contrary to public policy. f of the SAL.

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Kluwer Arbitration

OCTOBER 6, 2024

This relates to the facts of the case, the Respondent’s litigation strategy and, most importantly, the invoked security exception clause in Article 22.2 This relates to the facts of the case, the Respondent’s litigation strategy and, most importantly, the invoked security exception clause in Article 22.2

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Government Contracts & Investigations

DECEMBER 6, 2023

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. The minimum dollar threshold for Department of Defense task orders is $25 million and $10 million for civilian agencies.

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Kluwer Arbitration

FEBRUARY 21, 2024

First, the Amicus argues that a US court must make “its own determination that an arbitration agreement exists” as a “threshold” matter of determining its jurisdiction under FSIA. The authors gratefully acknowledge the assistance of Stephen Benz, associate at BakerHostetler LLP, in preparing this article. Amicus at 10, 16).

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Government Contracts Legal Forum

OCTOBER 12, 2023

The new FAR clauses implementing these changes will apply to all contracts, including contracts below the simplified acquisition threshold (SAT), contracts or orders for commercial products or services (including commercial off-the-shelf (COTS) items), and orders under indefinite delivery, indefinite quantity contracting vehicles.

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Inter-American Development Bank

MAY 31, 2022

Conclusions and recommendations After reviewing the Inclusive Framework and Pillar 1, we recommend LAC countries to revise the application threshold and the basis for distribution of the residual benefits that make up Amount A, so that the mechanism has a greater redistributive potential.

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The Procurement School

OCTOBER 22, 2024

This article explores practical approaches to streamline public sector procurement processes and focuses on increasing participation from Small and Medium-sized Enterprises (SMEs). All applicable treaties and updated policies allow for flexibility below fixed dollar thresholds and offer legitimate exemptions for a range of circumstances.

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Tracker Intelligence

SEPTEMBER 6, 2022

By the time you’ve finished reading this article, you will have a sound understanding of how public procurement works. The type of contract will determine the threshold since different thresholds exist for specific types of contracts. What is Public Procurement?

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Kluwer Arbitration

JUNE 11, 2024

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).

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Kluwer Arbitration

FEBRUARY 28, 2024

Aurangzeb J next held that the Convention does not differentiate between interim or final awards and in the particular case, as per Article 2(v) of the ICC Rules, an award includes interim, partial or final awards. Rather, under Article V(1)(e) of the Convention, enforcement may be refused if the award has not yet become “binding.”

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Kluwer Arbitration

JULY 30, 2024

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. See, e.g., China-Saudi Arabia BIT, Article 8(2) ; China-UK BIT, Article 7 ; China-Japan BIT, Article 11(2).

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Select GCR

OCTOBER 15, 2024

In this article, discover what EDWOSB certification is, its benefits, and how to get started. Eligibility for EDWOSB certification requires a business to be 51% unconditionally owned by economically disadvantaged women, satisfying strict financial thresholds and NAICS code criteria related to underrepresented industries.

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Kluwer Arbitration

DECEMBER 22, 2023

His other suggestions included giving the Maritime and Commercial High Court jurisdiction for invalidity questions, and applying option 1 of Article 7 of the 2006 amendments so that it is clear that an arbitration agreement shall be in writing. 2016.1558/2H), which sets a high threshold for any setting aside arguments.

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Kluwer Arbitration

MAY 22, 2024

Article 34 of the Mining Code establishes that no exploration and exploitation can be performed in areas declared and delimited by environmental authorities as “protected areas,” called “mining exclusion zones.” The tribunal ruled that FET should not be taken as a standalone principle and must not go beyond the scope of MST.

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Government Contracts & Investigations

SEPTEMBER 18, 2023

In government contracting, if a contract value exceeds a certain dollar threshold and an international trade agreement governing procurement is applicable, the BAA domestic preferences will be waived in favor of permitting acquisition of TAA-compliant products. It may not be a lot on which to rely, but at least it’s a start.

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