Watson & Associates

AUGUST 10, 2023

254b that requires government contractors to submit cost or pricing data in their bids and to certify. Read more » The post How to Avoid Truth in Negotiations Act TINA Pricing Criminal Liability appeared first on Watson & Associates LLC Government Contracts Blog. federal law, 10 U.S.C. 2306a, 41 U.S.C.

Negotiation 52

Negotiation Price Bidding Government Contracts 52

Whistleblower Network News

MARCH 5, 2024

On March 1, the Department of Justice (DOJ) announced that international commodities trading company Gunvor pled guilty and agreed to pay $661 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA). Foreign bribery emboldens corrupt officials and undermines the rule of law.”

Corruption 111

Corruption Competitive Bidding Media Bidding 111

Open Contracting Partnership

OCTOBER 30, 2023

Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.

Procurement 120

Procurement E-procurement Public Procurement Corruption 120

Import and Trade Remedies

JANUARY 22, 2025

Importers should be aware that they are at risk if there is a finding of circumvention because it could result in liability for SIMA duties retroactive to the date of initiation of the anti-corruption investigation.

Export 52

Export Import Price Participation 52

Federal News Network

MAY 16, 2024

It’s not like India or Russia where bribery and corruption is the norm. The majority of federal government procurement is not a set and attacked by bid rigging, price fixing and fraud schemes. Tom Temin And by the way, do you also look at state and local level corruption when that happens? Are we still in that place?

Collusion 101

Collusion Bid Rigging Procurement IT 101

Open Contracting Partnership

MARCH 11, 2025

In a previous post , we looked at Indonesia Corruption Watch s method for monitoring corruption risks in procurement. In 2016, the local government issued a continued construction tender with an estimated price of Rp. Now lets work through an example following their six step process. 19 billion). billion (roughly US$140,000).

E-procurement 52

E-procurement Tender Budget Procurement 52

Kluwer Arbitration

OCTOBER 15, 2024

For example, due to an increased focus on value with tighter margins, price disputes in LNG projects are becoming more likely and frequent. LNG Price Reviews in Asia Versus Australia Historically, LNG price reviews in Asia were compromised and settled.

Price 59

Price Negotiation Finance Accountability 59

Open Contracting Partnership

SEPTEMBER 19, 2024

Price is what you pay, value is what you get: Some 80% of procurement decisions in Europe are done solely on lowest price. Who bears the costs of lowest prices? Data-powered red flags strengthen efforts to fight corruption. Between 2011 and 2021, single bids doubled, the number of bids halved, and direct awards surged.

Procurement 67

Procurement Public Procurement E-procurement Transparency 67

Kluwer Arbitration

MARCH 25, 2024

Mongolia was an UNCITRAL arbitration under the Russia-Mongolia BIT involving the imposition of a windfall profit tax on gold sales exceeding a certain price. This continued decline was largely due to commodity price changes and concerns about the regulatory uncertainties and precarious legal environment. million in 2015.

Transparency 105

Transparency Negotiation Price Export 105

Open Contracting Partnership

MARCH 5, 2024

For example, with our support, the Dominican Republic’s procurement agency monitors all transactions in the country’s electronic procurement system in real-time using 21 automated corruption red flag risk indicators.

Procurement 89

Procurement E-procurement Public Procurement Sustainability 89

Kluwer Arbitration

AUGUST 12, 2024

In this case, Mundra, India, was the discharge port, such that the price included transportation to and unloading at Mundra. b) If either party be dissatisfied with such default price, or if the right at (a) is not exercised and damages cannot be mutually agreed, then the assessment of damages shall be settled by arbitration. (c)

Buyers 52

Buyers Price Freight Purchasing 52

Open Contracting Partnership

JUNE 3, 2024

Using data to address fraud and corruption The increased digitalization has provided new opportunities to identify bad behavior and corruption risks. It also introduced a fine of 5% for the contract value or bidding price for violating procurement rules. We didn’t struggle in terms of connectivity,” she says.

Public Procurement 80

Public Procurement Procurement E-procurement Transparency 80

Kluwer Arbitration

MARCH 1, 2024

In one case , the sole arbitrator ruled that, under the CISG and the UNIDROIT Principles, a buyer could not offset damages for late delivery against the purchase price. Three awards are of particular interest.

Buyers 52

Buyers Corruption Purchasing Price 52

Kluwer Arbitration

FEBRUARY 3, 2024

After receiving the goods under the Contract, the Buyer failed to pay the price. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

Buyers 98

Buyers Contract Purchasing Price 98

Kluwer Arbitration

APRIL 3, 2025

EU 11.100,00) for the cheapest price range to R$158,300.00 (aprox. EU 25.000,00) for the most expensive price range. The total value ranges from R$70,000.00 (aprox. These amounts, especially for large parties, are not excessive, which raises the prospect of recurring use of this type of arbitration.

Price 52

Price Corruption IT Import 52

Government Contracts & Investigations

OCTOBER 30, 2023

Example Claims There are many situations that can impact your contract performance and obligate the government to change your contract terms or price. Your costs of performance increased, but the government only paid you the original contract price. On day 30, the government asked you to accelerate performance and deliver by day 60.

Procurement Contracts 52

Procurement Contracts Contract Procurement Price 52

Tracker Intelligence

FEBRUARY 22, 2025

A transparent approach lowers procurement risk, prevents corruption, and fosters confidence between suppliers and public sector organisations. Value for money procurement goes beyond selecting the lowest-cost supplier; it considers the most advantageous combination of price, quality, and sustainability.

Public Procurement 52

Public Procurement Transparency Procurement Tender 52

Open Contracting Partnership

AUGUST 3, 2023

The team from Uzbekistan wrote an article examining contracts for the Shanghai Cooperation Organisation Summit, a major international event held in the ancient city of Samarkand, and sent appeals to the Anti-Corruption Agency and the Antimonopoly Committee to verify the facts they discovered in the course of their research.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Kluwer Arbitration

FEBRUARY 14, 2024

Companies face the cost of redressing the breach, reputational harm, potential declines in share price, and government proceedings. There were dozens of high-profile data breaches in 2023, and the legal consequences are becoming more severe. We look forward to attending the SCCA24 Conference !

Data 59

Data Insurance Media Corruption 59

Open Contracting Partnership

NOVEMBER 7, 2023

These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. And despite the reforms aimed at improving accountability, perceptions of corruption in public procurement remained high.

Public Procurement 70

Public Procurement Procurement E-procurement Transparency 70

Kluwer Arbitration

OCTOBER 18, 2023

A step towards this is the establishment of success fee pricing committees within law firms. Mr. Choong also discussed the difficulties posed by pricing success fees at the outset of an engagement, often without a full merits analysis. This underscores the importance of carefully pricing each case. from a funder).

Insurance 52

Insurance Price Risk Management Accountability 52

Kluwer Arbitration

JUNE 11, 2024

Unlike a cartel agreement with the intent of raising prices, vertical agreements may require careful analysis to ascertain whether they are actually anticompetitive. Vertical agreements are commonplace in the business world (supermarkets, distributors, wholesalers, etc.) and are generally seen as pro-competitive.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

MAY 23, 2024

Moreover, as we previously noted , insufficiency of market participants can cause emissions trading schemes to suffer from volume and liquidity issues and ineffective pricing determinations. The Koch v. Canada Award will have implications for cross-border participation in these mechanisms.

Participation 75

Participation Purchasing Accountability Price 75

Tracker Intelligence

FEBRUARY 16, 2025

The public sector procurement process is meant to guard against corruption, and all bids are supposed to be evaluated on predetermined criteria like quality, price and social value. Supplier Selection: Price vs. Social Value In the public sector, the MEAT (Most Economically Advantageous Tender) evaluation method is commonly used.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Kluwer Arbitration

JULY 17, 2024

a) of the GSA, if gas was not utilised by QAPTL, the gas would be diverted to other consumers; however, QAPTL would remain liable to pay the agreed price netted against the sum collected by any such diversion. Under Section 3.6(a)

Thresholds 98

Thresholds Import Contract Negotiation 98

Kluwer Arbitration

JULY 2, 2024

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.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

NOVEMBER 17, 2023

Article 3 of the Announcement strictly prohibits any financial institutions operating in China from offering cryptocurrency-related services, including pricing, intermediation, or engaging in the buying or selling of cryptocurrency. In the authors’ view, that remains an open question. As a case in point, in Sun Dingshang v.

Price 59

Price Negotiation Innovation Finance 59

Kluwer Arbitration

SEPTEMBER 27, 2024

Fernando Marcondes discussed the importance of contract planning, emphasizing that it is essential for pricing and execution. In this sense, he explains that these deviations must be continuously reflected in the planning of the project to avoid losses, and mechanisms like risk event pricing help manage this incompleteness.

Insurance 52

Insurance Price Balance Import 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

This suggests that the intervention increased the level of competition in tenders that were already competitive, but it increased the share of high-corruption risk, single-bidder contracts in the very short-run. Relative prices (final price divided by the initially estimated price) decreased by 1.9 percentage points.

Bidder 40

Bidder Transparency Public Procurement Contract 40

Kluwer Arbitration

MARCH 30, 2024

Federal legislation dictates that, except for cases of willful misconduct and corruption, managers are not held responsible for agreements. Addressing specifically pricing and earn-out clauses, Ms. By contrast, expedited procedure can be a useful tool to which counsel not always turn to.

Efficiency 52

Efficiency Negotiation Buyers Price 52

Tracker Intelligence

DECEMBER 30, 2024

Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes. With this, you can get information about your competitors and their pricing strategy and then stay ahead of them. You can do this by focusing on social values while devising your pricing strategy.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

Kluwer Arbitration

AUGUST 4, 2024

This is, in the words of Italy’s diplomacy , “to have secure, stable and predictable supplies at competitive prices for households and businesses, without failing to meet the binding commitment to long-term sustainability…” under the Paris Agreement.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

MARCH 20, 2024

on agent’s fees, transfer pricing, employment, etc.), decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. Appeal proceedings encompass a wide variety of disputes, ranging from disciplinary decisions (antidoping, match fixing, etc.)

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

MARCH 31, 2024

The agreed price was USD 337,500 per month, at a rate of USD 2,500 per ton, resulting in a total of USD 4,050,000, payable in 12 months. On February 6, 2020, the Buyer paid the Seller – as an advance payment and against the fixed price – the total amount of USD 101,250.

Buyers 52

Buyers Balance Price Contract 52

Kluwer Arbitration

MARCH 24, 2024

The rapid rise of renewables (as well as EV, which is also reliant on such minerals) has put massive pressure on mineral supplies, exposing projects to sharp price increases and delays. Most notably, rare earth minerals are essential to renewable technologies (such as wind turbines and solar panels).

Supply Chain 52

Supply Chain Demand Price Insurance 52

Kluwer Arbitration

AUGUST 25, 2024

Petronz did not pay the purchase price and Mr Ganz referred the dispute to arbitration. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

DECEMBER 3, 2023

There is a particular risk to disputes arising from earn out provisions as these provisions tend to be heavily, but quickly, negotiated near the closing of a deal to bridge a pricing gap between the parties. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here.

Management 52

Management Negotiation Import Price 52