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We have published SPPN 5/2023 on updates to procurement thresholds

Scottish Government Procurement

We have published a new Scottish Procurement Policy Note (SPPN) on updates to procurement thresholds SPPN 5/2023. This policy note provides changes to financial thresholds to the Public Contracts (Scotland) Regulations 2015, the Utilities Contracts (Scotland) Regulations 2016 and the Concession Contracts (Scotland) Regulations 2016.

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Revisiting the Fosen-Linjen Saga on threshold for procurement damages

How to Crack a Nut

I was asked to revisit the Fosen-Linjen Saga on the EFTA Court’s interpretation of the threshold for liability in damages arising from breaches of EU/EEA procurement law.

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DOD Issues Final DFARS Rule Implementing Increased Buy American Restrictions for Defense Procurements

Inside Government Contracts

The EO was intended to strengthen the requirements of the Buy American Act (“BAA”) by, among other things, directing the FAR Council to issue new rules increasing the domestic content threshold for determining whether a product qualifies as a domestic end product. Beginning in calendar year 2029, the threshold will be 75 percent.

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Bid Protest Minute: GAO’s Task Order Jurisdiction

GovCon & Trade

One would think the $25 million threshold applicable to protests of DOD task orders (the threshold is $10 million for civilian agency task orders) would be easily understood and simple to apply. GAO reasoned that because “the value of the task order [was] below $25,000,000. it does not have jurisdiction to consider the protest.”

Bidding 147
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New year, new values: Public procurement thresholds in place from 1 January 2022

LoupedIn

As of 1 January 2022, the minimum financial thresholds for the procurement regime to apply changed, so new ones are now in force. The change has two key features: The new thresholds only affect procurements commencing on or after 1 January 2022. Procurements already commenced before then are unaffected.

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Bid Protest Minute: The High Bar to Proving Contract Officer Bias

GovCon & Trade

By: Richard Arnholt On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias.

Bidding 147
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Even Rules have their Limits, Says SBA OHA about the Nonmanufacturer Rule

SmallGovCon

OHA reminded contractors that the nonmanufacturer rule applies only to acquisitions over the simplified acquisition threshold. As avid readers of our blog know, some things that can be quite confusing in small business federal contracting are the limitations on subcontracting, and its counterpart, the nonmanufacturer rule.