The Procurement School

JUNE 25, 2023

This often includes a requirement to keep the contracting approvals process separate from the payment function. responsible contracting practices Often, a key consideration in both sectors is the use of environmentally friendly and socially responsible contracting practices.

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LexBlog: Contracts & Procurement

NOVEMBER 22, 2022

This is the fourth of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). So, if you are owed time and money on a contract, should your next move be a CDA Claim or an REA? The contractor seeks damages based on government-caused impacts to a contract.

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LexBlog: Contracts & Procurement

SEPTEMBER 1, 2022

The Federal Acquisition Regulatory Council recently published a proposed ruled that, once implemented, will require the use of project labor agreements (PLAs) on federal construction projects with a contract value of $35 million or greater. 14063 addresses the use of PLAs in the government contracts. 14063) issued on February 9, 2022.

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Select GCR

SEPTEMBER 3, 2024

By the end, you’ll be well-equipped to approach sole source contracts with confidence, ensuring compliance and due diligence in your single-source endeavors without resorting to fluff or salesmanship. In such cases, the competitive bidding requirement is not applicable. How is fair pricing ensured in sole source procurement?

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VWV

JANUARY 4, 2021

For contracting authorities and suppliers bidding for public sector contracts, the procurement rules remain largely unchanged, at least for the moment. Some minor amendments have been made to the Public Contracts Regulations 2015 to ensure the rules will work in practice for a UK domestic system. What About State Aid?

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Federal News Network

JANUARY 30, 2024

Larry Allen Tom, I think that the change coming from the Office of Management and Budget, where they are going to implement the rule of two for task orders against all multiple award IDIQ contracts except the GSA schedules, is potentially a big deal depending on the size of your company. So, think about companies on NASA SEWP.

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The Coalition for Government Procurement

AUGUST 15, 2024

He began with the Government Accountability Office before serving as Chief Counsel to the then-GSA Board of Contract Appeals. final rule (which is still pending), DoD program offices and requiring activities will determine whether to use clause DFARS 252.204-7021 in contracts and solicitations. Tom also was Counsel to the U.S.

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E-procurement Supply Chain Price Procurement 52

Federal News Network

OCTOBER 18, 2023

The FAR council said that in the proposed rule, because it touches anybody that has a contract, that includes some information and communication technology, which is a hugely broad definition of things. Mostly they’ve just been doing almost nothing in a lot of their contracts. Tom Temin Right. Tom Temin Sure. They’re huge.

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Contract Bidding Government Government 94

The Coalition for Government Procurement

OCTOBER 19, 2023

As FAS Commissioner Sonny Hashmi stated in a recent post, “Our regional based employees aren’t going away, but this shift in our structure will meet the growing demand from our customers that FAS respond holistically when it comes to contracting assistance.” PAP 2021-05, Evaluation of FSS Program Pricing, is one such example.

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Price E-procurement Supply Chain Procurement 52

Kluwer Arbitration

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. This regulation grants a safe harbor for vertical agreements under certain conditions (among others, a 30% market share threshold and the absence of “hardcore” listed restrictions).

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Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

JULY 30, 2024

CC/Devas and Deutsche Telekom : both companies initiated separate proceedings against India under the India-Mauritius and Germany-India BITs, contesting their exclusion from satellite contracts on alleged security grounds. a negotiation period, time limitations, or excluded disputes). Both tribunals awarded damages to the investors.

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Influencing Thresholds Accountability Negotiation 52

Procurement Notes

OCTOBER 10, 2022

Jay Blindauer A contractor takes on a Government contract to make money, and inflation is getting in the way. With inflation eroding value for this long, a Government contractor may need to obtain contract relief. Obviously, contract type matters. Fixed-price contracts are the most vulnerable.

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Government Government Price Contract 40

Government Contracts & Investigations

OCTOBER 11, 2023

which applies to contracts with commercial organizations. Applicability of the FAR Cost Principles The FAR Cost Principles apply to the “pricing of contracts, subcontracts, and modifications whenever cost analysis is performed.” [1] The September 2023 Cost Corner concluded a three-part series on TINA.

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Price Government Contracts Government Government 52

Government Contracts Legal Forum

SEPTEMBER 29, 2023

federal government contracts signed every year and they may be impacted by a shutdown. What is the Impact on Federal Government Contracting? The issues that contractors would face under a government shutdown may vary with the circumstances of individual contracts, but there are a number of common considerations.

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Government Government Contract Insurance 52

Federal News Network

MAY 1, 2024

Interview Transcript: Tom Temin Dan, the uniform guidance is a little bit outside of FAR and contracting concerns. And increasingly, the federal grant in assistance space is becoming subject to more requirements that start to look like government contracts. Let’s talk about maybe the threshold for what gets audited.

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Thresholds Internal Control Negotiation Government Contracts 99

Procurement Notes

MARCH 5, 2024

To be at the 100-employee threshold, the employer must be a “business enterprise that employs— (i) 100 or more employees, excluding part-time employees; or (ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive of hours of overtime.” [57]

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Government Contracts Government Government Contract 52

The Coalition for Government Procurement

SEPTEMBER 6, 2024

EPAs are mechanisms built into contracts to increase or decrease stated contract prices of goods or services, generally contingent on market conditions. Contractors rapidly found that their MAS offerings were no longer economically feasible and began removing important goods and services from their contracts.

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Price Negotiation Transparency Utilities 49

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. Subrecipients must also submit a copy of any written disclosure to the pass-through entity.

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E-procurement Thresholds Internal Control Evaluation 52

Government Contracts & Investigations

FEBRUARY 29, 2024

The current topic is Federal Acquisition Regulation (FAR) Cost Principles applicable to contracts with commercial organizations. Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. 1] This definition is quite broad.

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Price Government Contracts Government Government 52

Kluwer Arbitration

FEBRUARY 12, 2024

It contended that this clause amounted to a contract of adhesion with arbitrary terms. It explained that in typical contract negotiations, once the parties’ proposed terms are accepted, a binding contract is formed. The Appellant delivered the contracted works and issued invoices that were not paid. Dubai CoC No.

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Distribution Thresholds Contract Negotiation 52

The Coalition for Government Procurement

JULY 18, 2024

Through transactional data, GSA identified the vendor selling the impacted products, as well as deliverable descriptions, sales, and contract numbers. 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. Government (e.g.,

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Supply Chain Data Price Thresholds 52

VWV

MAY 19, 2021

The public procurement rules recognise there are certain circumstances when public bodies, including universities, can derogate from the general principle of advertising and tendering contract opportunities and directly award a contract. These are narrowly interpreted. The requirements can only be met by a single provider.

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Contract Tender Supplier Procurement 40

The Coalition for Government Procurement

NOVEMBER 30, 2023

Cyber Threat and Incident Reporting and Information Sharing (FAR Case 2021-017) This proposed rule is meant to apply to contracts where information and communications technology (ICT) is used or provided in the performance of the contract. The new FAR provisions are to be included in all solicitations and contracts.

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Telecommunication Supply Chain Contract Data 52

Federal News Network

APRIL 30, 2024

The biggest one is, as you well know, when a contractor bids on a government solicitation, frequently, one of the requirements is to name and put resumes in of the key personnel, that are going to be performing that work if you win, especially in the services contract arena. Oftentimes, though, the proposal isn’t acted on very quickly.

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Kluwer Arbitration

MARCH 20, 2024

The decision will also be of interest to insurers, banks and any other third parties who deal with contractual rights arising under an English law contract containing a prohibition on assignment. He went on to note that “[h]ad [the transfer] been made under […] the insurance contract, the position might well have been different.

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Insurance Contract Import Thresholds 52

The Coalition for Government Procurement

JUNE 6, 2024

Questions remain about vertical and horizontal contract duplication arising from the ASCEND BPA acquisition strategy. The purpose is to improve agencies’ ability to access data and information from across the government throughout the contracting process.

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Procurement Data Strategic Planning Management 52

The Coalition for Government Procurement

NOVEMBER 2, 2023

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.” Yet, FSS contracts are not requirements contracts. Pay a Fair and Reasonable Price ).

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Supply Chain Price Contract E-procurement 52

The Coalition for Government Procurement

FEBRUARY 8, 2024

Of note, the bills would require the NIST guidance to include standards by which a supplier would have to attest compliance in order to be eligible for a federal artificial intelligence contract award. A failure to do so could render the vendor ineligible to receive artificial intelligence-related contract awards.

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E-procurement Price Negotiation Utilities Price 52

Procurement Notes

JUNE 15, 2021

Jay Blindauer A contractor will often incur a significant cost (in time and money) to prepare and submit a proposal for a possible Government contract. Indeed, a GAO protest is generally not helpful if the contested contract/order is already substantially performed before a protest decision is reached.

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Bidding E-procurement Procurement Negotiation 40

Federal News Network

JANUARY 26, 2024

With spending against governmentwide acquisition contracts reaching an all-time high in fiscal 2023, the Office of Federal Procurement Policy is pushing agencies to make changes to ensure a healthy amount of small business participate on these vehicles. GSA says its schedules contract saw a record $46 billion in sales last year, a $4.6

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Contract Thresholds Supply Chain Procurement 99

Procurement Notes

JUNE 5, 2021

Department of Labor (“DoL”) (and unlikely to change), the Order-provided minimum wage only applies to a worker’s hours that are on or in connection with a covered contract/subcontract. [9] 25] Specifically, an individual working “on” the covered contract/subcontract is involved in direct performance of called for requirements. [26]

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Thresholds E-procurement Contract Procurement Contracts 40

Procurement Notes

OCTOBER 13, 2021

Hilary Cairnie, Troutman Pepper -&- Jay Blindauer, Blindauer Law PLLC The first author, Hilary Cairnie , is a partner with Troutman Pepper Hamilton Sanders LLP (“Troutman Pepper”), and the head of the government contracts practice for the firm. 14,042 by imposing the vaccine mandate on supply contracts/orders. [23] c) Compliance.

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E-procurement Contract Procurement Government 40

Procurement Notes

SEPTEMBER 15, 2021

15] Despite the broad description, in the context of a procurement contract or a real property lease, the GovCon Order only applies to the following types of contracts. iii) it is a contract or contract-like instrument for concessions, including any concessions contract excluded by Department of Labor regulations at 29 C.F.R.

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The Coalition for Government Procurement

DECEMBER 14, 2023

Additional reporting requirements increase the operational costs associated with the performance of federal contracts. In the same vein, the Office of Management and Budget’s Better Contracting Initiative appropriately identifies data sharing and data driven decision-making as keys to improving procurement outcomes.

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E-procurement Procurement Price Supply Chain 52

The Coalition for Government Procurement

NOVEMBER 9, 2023

White House Announces “Better Contracting Initiative” On November 8, the Biden-Harris Administration announced the next phase of the Federal Government’s enterprise approach to purchasing goods and services, known as the “Better Contracting Initiative (BCI).”

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