This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Among other things, the final rule alters how DOL calculates the prevailing wage rates for each locality, and expands the definition of the “site of work” and categories of workers subject to the DBA. When calculating the prevailing wage, DOL also strictly limited the importation of prevailing wages from urban counties into rural ones.
Here are some initial thoughts on some of the important changes proposed in this rule, as well as a recap of the original statute and my earlier predictions. Congress would really like the FAR to focus on additional examples Definitions. Definitions. Stay tuned for more updates on SmallGovCon. Private Sector.
Organizational procurement policies often establish thresholds for the application of RFQs, RFPs, REOIs, and IFBs, defining their use within specific procurement methods or strategies. Most organizational procurement policies define thresholds that dictate when a particular method should be used.
Agency and user-generated content may meet the definition of Federal records as determined by the agency,” reads the agreement. If AI is being used in some of these processes, then this is important to cover in the processing notes, because requesters are entitled to a search and review conducted with integrity. “
To achieve this it will impose a carbon price on imported goods with the aim of levelling the playing field and ensuring that imported goods are subject to a carbon price that is comparable to that incurred by manufacturers based in the UK. Importers will be able to rely on default values, at least until 2031.
Relying on this definition, the Claimants argued that KS&T’s emission allowances constituted “property” and therefore qualified as an investment under NAFTA. Property” is commonly included in the definition of “investment” in investment treaties, but many treaties do not expressly define “property.” The Koch v.
Historically, that was not a parallel process, but definitely a series process. Margaret Boatner, deputy assistant secretary of the Army for strategy and acquisition reform “We are targeting a couple of really key processes like our test and evaluation processes, and importantly, our cybersecurity processes.
While we have already posted some updates from 2024, it’s a good time to reflect on the important posts from 2023. It’s a good chance to look back on the important articles from 2023, and those topics of continuing interest to federal contractors. 6 FAR Final Rule: Increased Micro-Purchase and Simplified Acquisition Thresholds.
The “orders under single-agency contracts” Policy (FAR 42.1502(d)) This policy owns definitive clout and the interpretation of this policy warrants some appreciative clarity and confirmation. The policy reads: “Orders under single-agency contracts. Is there a contradiction or what is the correct interpretation?
This includes a fairly broad and future-oriented definition of AI, provisions on safeguarding confidentiality and furthermore, ensuring the integrity of the arbitral proceeding. The inclusion in the Guideline itself rather than in the commentary as per the draft, shows the importance of the arbitrator’s obligation to draft awards.
There are dollar thresholds where you can bring a protest at GAO, but the court won’t hear protests of issuance or proposed issuance of orders. But the comparative statute for the Court of Federal Claims doesn’t include a definition. ’ In the dissent’s words, a very important government contracts case.
It also is important to keep in mind that BABA, and by extension, OMB’s Guidance, applies only to infrastructure projects and infrastructure spending – the requirements do not apply to other forms of federal spending, whether through the procurement process, or through other non-infrastructure grant and assistance opportunities.
The travaux preparatories of the Convention titled “ Report by the Secretary General ” dated 31 January 1956 indicate that whilst the contracting states considered including a definition of the term ‘arbitral award’ but, later, each Contracting State was given the flexibility to define its respective parameters. NHA 2023 CLD 1365.
Achieving this balance is not trivial, and a crucial question arises: How can the definition and quality of these escape clauses impact a country’s ability to navigate economic shocks while maintaining fiscal discipline? For instance, an ECCI score of 0.7 The dotted lines around these averages represent a 95% confidence interval.
2] Under the most important evaluation factor, prior experience, the agency was to “assess its level of confidence that the [o]fferor provided a detailed description of prior relevant experience examples where the [o]fferor provided property management support…of a similar size and scope as the TSA [p]roperty [m]anagement [p]rogram.”
This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. The SFSC held that under these circumstances, it did not need to take the alleged facts into account (para.
Anticipating additional caselaw on the definition of a “direct relationship” is both of interest and a potential necessity, as the amended provision introduces ambiguity surrounding this specific definition. What constitutes a “direct relationship” remains unclear, leaving room for various interpretations and potential disputes.
As discussed below, this will be particularly relevant when considering the threshold that should be applied by the tribunal as some institutional rules adopt a different test (although as discussed further below some institutions may adapt their rules to reflect the proposed amendment).
First, in addressing some aspects of the definition of public works contracts that keep coming up in litigation in relation to relatively complex real estate transactions. The State aid Decision made two important explicit points. By Arne Müseler / www.arne-mueseler.com, CC BY-SA 3.0 The case was very interesting in three respects.
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] Specifically, U.S.
A flurry of new domestic-preference updates brings greater clarity to the requirements and imparts important lessons that government contractors should know when bidding for and performing on federal financial assistance programs. It is important to note the test does not incorporate costs related to the manufacture of the product.
Non-compete clauses have been an important tool for companies to protect intellectual property and ensure they get treated fairly when employees leave. So this takes away a very, very important attribute for companies to be able to bid and win contracts. Now the Federal Trade Commission has voted to ban non-compete agreements.
If this threshold cannot be met, DOL will use a weighted average as the third step to determine the prevailing wage. It is also important to note that DOL is no longer required to separate rural and metropolitan counties when searching for prevailing wage rates.
If this threshold cannot be met, DOL will use a weighted average as the third step to determine the prevailing wage. It is also important to note that DOL is no longer required to separate rural and metropolitan counties when searching for prevailing wage rates.
Cybersecurity Panel (CMMC, Cyber Threat Reporting, and More) As we all know, cybersecurity is of paramount importance in today’s interconnected world. In an era where cyber threats are constantly evolving and becoming more sophisticated, it is important to keep up with the most recent policies and practices.
18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.
program requirements proposed at 32 CFR part 170; Add definitions for controlled unclassified information (CUI) and DoD unique identifier (DoD UID) to the subpart; Establish a solicitation provision and prescription; and Revise the existing clause language and prescription. Ultimately, the Court denied the government’s motion to dismiss.
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. Suggested thresholds in the ANPRM range from data sets on 100 U.S. Government-related data, there is no threshold requirement and the data categories will be covered regardless of volume.
Since a disappointed offeror only has three days to timely make a written request for a required debriefing, it is important to know when the three-day period begins to run. 15] Not For All Procurements Just as important as knowing how to get a required debriefing is discerning what is not a required debriefing. 3703 , 10 U.S.C.
Army Materiel Command (“AMC”) states that “[t]his office applies the GAO’s $25 million jurisdictional threshold to protests of task and delivery orders issued under Department of Defense (DoD) procurements. The first, important exception is for a procurement involving non-appropriated funds. For example, U.S. 24] The U.S. 152 Fed.
We welcome everyone back from what we hope was a happy restful holiday season, and we look forward to working with you as we address the aforementioned important business issues that stakeholders face in the government marketplace. To register, click here. The rule implements an executive order of the same name signed in November of 2021.
She demonstrated repeatedly the ability to address a variety of complex issues of critical importance to the body of government contracts law that underpins efficient government operations. This increase aligns the DFARS domestic content threshold with that in the FAR.
As technology evolves, the definition of responsible AI will also evolve. Fairness It’s important to consider how an ML system might impact a subpopulation of users. However, it’s important to understand that there is no one-size-fits-all approach for understanding why a model made a specific prediction. What is responsible AI?
Background, of PAP 2021-05. While the PAP’s Background section cites this definition of what is “fair and reasonable,” the PAP’s “guidance” sets standards and directives that raises questions whether, when read as a whole, it provides guidance that will result in a price and terms that are fair to both parties in a transaction.
As we look forward to the new updates, decisions, and commentary in 2025, its also a good time to reflect on the important and well-read posts from 2024. Its a good chance to look back on the important articles from 2024, and those topics of continuing interest to federal contractors.
18] On this point, it is important to remember that the dollar thresholds for the SCA (in excess of $2,500), [19] the DBA (in excess of $2,000), [20] and the Order-imposed threshold for the FLSA (presently in excess of $10,000) [21] do not apply at the subcontract level. [22] Additionally, DoL has previously made this warning.
By agreeing to have the arbitration administered pursuant to the LCIA Rules, the parties therefore agree that the tribunal, after giving the parties a reasonable opportunity to state their views, will have the power to make an Early Determination subject to satisfying the relevant threshold tests.
Definition and Eligibility 8(a) set-aside contracts are federal contracts specifically designated for businesses that are part of the SBAs 8(a) program. Its important for potential participants to understand that if competitive negotiations occur before SBAs acceptance into the 8(a) program, the application may not be accepted.
This focus on government efficiency provides an important opportunity for a holistic review of the procurement system. Request for Feedback on Proposed Rule Raising Procurement Thresholds The Coalition plans to submit comments on a November 29 proposed rule, “Inflation Adjustment of Acquisition-Related Thresholds.”
Regarding the GovEmployee Order, it is important to remember that, once Federal employment is obtained, many Government employees possess a Fifth Amendment property right to it. [60] have an important common feature. 652(5) excludes a state government from the definition of an employer. Not so with a vaccine.
Competition and industrial base are important to the vitality of the procurement system. The proposed rule also adds new FAR definitions and expands others. 5] Agencies may compete orders on the GSA Schedule 8(a) contract even if the value of the order is below the 8(a) competitive threshold ($4.5
First , PPI “does not include imports, because imports are by definition not produced by domestic firms.” [10] 10] In contrast, CPI covers the prices consumers pay, irrespective of whether a good or service is imported or domestically produced. 105] Fourth , and this may be most important. Austria (24.2%
ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION) (a) Definition. William Clark, issued a memorandum encouraging procuring Agencies to adopt without emendation FAR Deviation Clause 52.223-99. [25] Here is what the clause says.
And I think that’s the other piece that’s really important here, is that business does not like uncertainty. We don’t have an opportunity to say, is my criteria going to meet that 4% threshold so that I’ll get the maximum possible points on this award? This is one that isn’t currently defined.
We organize all of the trending information in your field so you don't have to. Join 5,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
130 
Let's personalize your content