The Coalition for Government Procurement

APRIL 19, 2024

These regulations and associated guidance address a host of contracting officer responsibilities, including but not limited to, proposal evaluation, negotiations, price and/or cost analysis, data rights, and foreign acquisition ( e.g. , TAA). This step towards greater transparency is in the public interest.

Procurement 49

Procurement Negotiation Price Transparency 49

The Coalition for Government Procurement

NOVEMBER 3, 2023

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.

Price 49

Price Evaluation Negotiation Purchasing 49

Federal News Network

FEBRUARY 6, 2024

You know that this bill, which was negotiated both between the House and the Senate. And this sudden change then can really change a company’s balance sheet as well as its activities. It changes the balance sheets. And it is a proposed rule for what they call pay equity and transparency in federal contracting.

Professional Services 96

Professional Services Bidding Contract Evaluation 96

Kluwer Arbitration

MAY 5, 2024

In this regard, states and stakeholders would have to work on finding a more balanced approach which takes into account public participation, transparency and steps to make it more legitimate in the eyes of public. Rowley, KC observed that treaties have to be negotiated like contracts. Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

APRIL 13, 2024

Sobota affirmed that a big concern about the use of AI is precisely “the black box effect”, i.e., the lack of transparency on the sources and operations of generative AI. Clients see value in AI replacing routine tasks but are skeptical of using it in high-level work, such as in M&A negotiations.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

JANUARY 13, 2024

In his words, the two necessary elements for a mediation to be potentially successful were: (i) a clearly authorized government official who has the capacity to conduct the negotiations, and (ii) the State’s will to reach an agreement. However, governments officials usually lack the authority and interest to mediate.

Balance 52

Balance Transparency Negotiation Capacity 52

Tracker Intelligence

DECEMBER 30, 2024

Transparent criteria for evaluating social value proposals allow for fair competition among suppliers while keeping them liable for their commitments. Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

Bonfire

NOVEMBER 22, 2022

A lot of agencies view procurement as a transactional tool for negotiating with suppliers. We need to have transparency. That is absolutely non-negotiable, and our Bonfire system has helped us achieve that.”. We must look at this through the lens of ‘how can these investments fundamentally alter the balance sheet?’”

Finance 59

Finance Management Utilities Efficiency 59

Kluwer Arbitration

FEBRUARY 22, 2024

When dealing with the latter, questions of transparency and the extent to which the arbitration will be private come into play. Despite this, dealing with well-established industry giants sometimes leaves no room to shift risks in negotiations. It’s a balance. He queried whether we are “failing” the global south again.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 52

ivalua

MAY 9, 2023

Such broad priorities require new supplier strategies, new information and a delicate balancing act between competing objectives. Protecting profitability in the face of inflation isn’t about squeezing suppliers in negotiations, but working together to find ways to reduce costs in the full value chain.

Procurement 52

Procurement Supplier Collaboration Supply Chain 52

Kluwer Arbitration

FEBRUARY 24, 2024

Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Inter-American Development Bank

MAY 31, 2022

The administration of the tax would require a single tax return (consolidated balance sheet of the mega MNE) to be filed with the tax authorities of the country where the ultimate parent company is domiciled, and the information would be shared with the other countries.

Thresholds 52

Thresholds Distribution Electronics Accountability 52

Kluwer Arbitration

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. Transparency is the general rule in all arbitrations with state parties. It’s a fine balance. Yet, BRAMIA is not a universal solution.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. Transparency is the general rule in all arbitrations with state parties. It’s a fine balance. Yet, BRAMIA is not a universal solution.

Balance 52

Balance Transparency Contract Tender 52

Select GCR

JUNE 11, 2024

In a firm-fixed-price contract, the contractor completes the project requirements at a negotiated price, which does not change, and the contractor bears full responsibility for profit or loss. In these contracts, the profit varies and is adjusted based on the contractor’s performance and the final negotiated fee.

Government 52

Government Government Contract Price 52

The Procurement School

JUNE 27, 2024

Introduction: In the realm of Canadian public sector procurement, understanding the fundamental principles of contract law is essential for ensuring fair, transparent, and effective practices. The duty of good faith extends to all stages of the contractual relationship, from pre-contractual negotiations to post-contractual performance.

Procurement 52

Procurement Contract Public Procurement Supplier 52

Procurement Notes

OCTOBER 10, 2022

For contracts being developed or negotiated during this period of unusually high inflation, an EPA clause may be an appropriate tool to equitably balance the risk of inflation between the Government and contractor. Starting with his May 25, 2022 guidance , Mr. Tenaglia wrote the following. 62] Schott Gov’t Servs.,

Government 40

Government Government Price Contract 40

Import and Trade Remedies

AUGUST 30, 2023

The EU submission The EU submission notes that current WTO rules are not effective in tackling industrial subsidies, especially due to a lack of transparency in some Members’ interventions in the market. But the EU’s submission and the September meeting are no more than stepping stones to initiate negotiations at MC13.

Export 40

Export Negotiation Manufacturing Import 40

Kluwer Arbitration

FEBRUARY 10, 2024

In December 2016, the AU passed the Pan African Investment Code (“PAIC”) —the first continent-wide model investment treaty—to promote sustainable development and “achieve overall balance of the rights and obligations between Member States and the investors under the Code.” See e.g., PSEG v Turkey , ICSID Case No.

Balance 52

Balance Negotiation Thresholds Ethics 52

The Coalition for Government Procurement

NOVEMBER 2, 2023

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.

Supply Chain 52

Supply Chain Price E-procurement Contract 52

Federal News Network

FEBRUARY 15, 2024

If there was a balance in the regulation where social impact and price and technical proposal and past performance, if all of those were weighted equally, then the government would truly get the best value and the best benefit from each of those contracts. A lot of those things are now becoming a priority and a requirement of the program.

Procurement 103

Procurement Price Thresholds Contract 103

Kluwer Arbitration

NOVEMBER 4, 2023

Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. Serzo agreed that for disputes involving cross-border parties, arbitration is preferred, given its flexibility.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

The Procurement School

JUNE 25, 2023

While there are many similarities, the nuances of public legislation and free trade requirements create a procurement environment that is more regulated, demands a greater level of transparency, and requires vigilance to stay on top of the constantly changing landscape. where do public sector procurement rules come from?

Procurement 52

Procurement Public Procurement Thresholds Transparency 52

Kluwer Arbitration

NOVEMBER 15, 2024

Finally, Thierry Tomasi shared his experience with investment funds in France, noting how cultural differences can shape disputes, particularly around contract negotiation and document production. He also expressed curiosity about the effectiveness of the “ carta arbitral ” in facilitating communication between arbitral tribunals and courts.

Negotiation 52

Negotiation Import Efficiency Integrity 52

Kluwer Arbitration

JANUARY 20, 2025

the first KAB post on ISDS reform in the year, explored the feasibility of negotiating a multilateral investment treaty in todays global landscape, exploring both the opportunities and challenges involved. Multilateral Instrument on ISDS Reform 2024 also marked the drafting of a multilateral instrument on ISDS reform. 9/WG.III/WP.246),

Balance 52

Balance Finance Capacity Budget 52

Kluwer Arbitration

MARCH 19, 2025

Procedurally, the clause was embedded in fine print and drafted in a way that disadvantaged the consumer, making it difficult to understand or negotiate. In contrast, California courts have taken a more consumer-friendly approach, prioritizing fairness and transparency in arbitration agreements. Concepcion 563 U.S.

Networking 52

Networking Contract Transparency Influencing 52