Federal News Network

JUNE 4, 2024

And I think the labor market is definitely an area of challenge that a lot of contractors are facing, not just this particular issue, but just in general. Absent that, we definitely don’t want them manufactured in places like China or North Korea or Russia. That kind of provision and insertion we’ve never seen before.

Government 133

Government Government Supply Chain Manufacturing 133

How to Crack a Nut

OCTOBER 6, 2023

The model AI clauses have been developed by reference to the (future) obligations arising from the EU AI Act currently under advanced stages of negotiation. Plainly, there is no definition or requirement in the model AI clauses that establishes the meaning of eg trustworthiness—and there is thus no baseline safety net ensuring it.

Buyers 88

Buyers E-procurement Transparency Procurement 88

The Coalition for Government Procurement

SEPTEMBER 22, 2023

The PAP is a significant policy document, providing guidance to FAS contracting officers regarding the negotiation of Federal Supply Schedule (FSS) contracts. It is where requirements are definitized, allowing FSS contractors and customer agencies to engage and conduct business on behalf of American people.

Price 40

Price Transparency Negotiation Electronics 40

SmallGovCon

MARCH 22, 2024

Curiously, as much as it is referenced in the FAR, there is no set definition for “request for equitable adjustment” in the FAR. Requests for equitable adjustment are considered negotiations rather than litigation, and under FAR 31.205-33 , contract administration costs are allowable costs. What is a request for equitable adjustment?

Negotiation 88

Negotiation Contract Administration Government Contracts Contract 88

SmallGovCon

OCTOBER 9, 2023

Not Detailed Enough First, a JV agreement must contain a provision “[s]pecifying the responsibilities of the parties with regard to negotiation of the contract, source of labor, and contract performance ….” 13 C.F.R § 128.402 (c)(7). Section 7.0 ” 13 C.F.R § 128.402 (c)(7). ” 13 C.F.R. 128.402 (c)(2)(i).

Negotiation 55

Negotiation Contract Government Contracts Management 55

Kluwer Arbitration

FEBRUARY 18, 2024

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”). What Is Covered in Their Scope?

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Import and Trade Remedies

NOVEMBER 13, 2023

Procedure to use WTO Committees The procedure to use WTO Committees functions similar to the WTO negotiating procedure. For inclusion, see for example, recitals 26-27 to Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols from China. [2]

Import 45

Import Export Negotiation Price 45

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. Emphasis added.) See Section 2.

Price 49

Price Evaluation Negotiation Purchasing 49

Kluwer Arbitration

NOVEMBER 28, 2023

Treatment of dual nationals under the BIT The BIT contains a definition of “investor” that includes natural or legal persons who hold the nationality of any of the contracting parties (BIT, art. Therefore, under international investment agreements, all the possible sources of jurisdiction are in control of the states, not the investors.

Negotiation 59

Negotiation Balance Contract Corruption 59

How to Crack a Nut

OCTOBER 18, 2023

SCL AI Clauses The SCL AI clauses have a clear commercial orientation and are meant as a starting point for supplier-customer negotiations, which is reflected on the fact that the proposed clauses contain two options: (1) a ‘pro-supplier’ drafting based on off-the-shelf provision, and (2) a ‘pro-customer’ drafting based on a bespoke arrangement.

Supplier 73

Supplier Transparency Negotiation Procurement 73

Kluwer Arbitration

APRIL 13, 2024

The panelists kicked off the discussion by noting there is no universal definition of Artificial Intelligence (“AI”), but there is unanimity that AI can now make decisions in an equal or better form than human beings. International prejudice also comes to mind as a severe challenge when negotiating BITs.

Negotiation 52

Negotiation Efficiency Quality Balance 52

SmallGovCon

SEPTEMBER 11, 2024

Following that reasoning, the proposed rule update will ensure that the definition for “mentor,” found at 13 C.F.R. However, if you are familiar with other SBA rules, a “concern” is specifically “a business entity organized for profit per 13 C.F.R. 121.105(a)(1). b) explicitly states that a mentor must be a for-profit business.

E-procurement 84

E-procurement Purchasing Government Contracts Contract 84

The Procurement School

JULY 16, 2024

But first a definition of efficiency. A mutually agreed steel price index was found and a percentage price increase was negotiated based on the steel price. The following article discusses the various steps of contract management and its role in procurement efficiency.

Efficiency 52

Efficiency Procurement Contract Supplier 52

Kluwer Arbitration

JULY 30, 2024

Criteria for Treaty Protection Investors must ensure they meet the threshold conditions contained in the relevant treaties, including: (i) the definitions of a qualifying investor and qualifying investment; and (ii) other requirements (e.g., a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

The Coalition for Government Procurement

AUGUST 15, 2024

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. . §

E-procurement 52

E-procurement Supply Chain Price Procurement 52

Federal News Network

MARCH 20, 2024

And procurement contract has specific definitions under the Contract Disputes Act. And I’ve been on the other side with the software companies negotiating these end user agreements with the government, and they do it frequently through the resellers, but not always. AVUE appealed that decision to the Federal Circuit.

Procurement Contracts 52

Procurement Contracts Negotiation Contract Procurement 52

Kluwer Arbitration

NOVEMBER 3, 2023

The Brazilian arbitration market will definitely follow closely the next decisions to be issued by the STJ Chamber and the STF on this case. Pursuant to Municipal Decree No. 3,066/2007, the matter was evaluated by the Mirassol Water and Sewage Services Regulatory Agency (“ARSAE”), which denied the request in the administrative sphere.

Participation 52

Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

NOVEMBER 17, 2023

However, taking a step back, if the award merely required the respondent to compensate the claimant with bitcoins or allowed the value of the bitcoins to be determined through parties’ negotiation instead of by reference to the price from a third-party website, would such award be enforceable? As a case in point, in Sun Dingshang v.

Price 59

Price Negotiation Innovation Finance 59

Kluwer Arbitration

JUNE 15, 2024

In line with the definition in Article 1(2) of the ECT, states in their one-year “withdrawal period” under Article 47(2) of the ECT also count as contracting parties for these purposes. Indeed, the ECT’s contracting parties had negotiated a “flexibility mechanism” for the modernized ECT. At the same time, Article 36(1) lit.

Influencing 52

Influencing Contract Negotiation IT 52

Kluwer Arbitration

OCTOBER 27, 2023

A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. Westinghouse (1984) and Gasum v.

Contract 52

Contract Balance Negotiation Insurance 52

Federal News Network

FEBRUARY 29, 2024

So, the FAR definition of a claim requires that any claim for money against the government or by the government against a contractor has to demand payment in a sum certain, which just means that it has to specify a specific amount that is claimed. Tell us what happened. Dan Ramish Sure, Tom. Dan Ramish Exactly.

Contract 76

Contract Government Government Sustainability 76

ivalua

MARCH 15, 2016

He was the kind of guy you would not want to have to negotiate with way back in the day because he did not negotiate. He said he had seen it all in supply base management and had experienced the feeling of victory leaving plenty of blood on the floor in negotiating with suppliers in his day. Process definition is critical.

Supply Chain 40

Supply Chain Supplier Real-time Visibility Negotiation 40

How to Crack a Nut

FEBRUARY 24, 2023

While the theoretical expectation could be that the public buyer would opt for a competitive dialogue or innovation partnership, as procedures targeted at this type of procurement, evidence of EU level practice shows that public buyers have a strong preference for competitive procedures with negotiations.

Procurement 52

Procurement Tender Buyers Contract 52

Federal News Network

JANUARY 30, 2024

But it’s not intended to be an automatic stop on, awarding task orders to other than small businesses, but it is definitely intended to switch the balance of power so that the presumption going in is in favor of small businesses. So that week was gone in terms of trying to negotiate things.

Price 59

Price Thresholds Buyers Data 59

Kluwer Arbitration

MARCH 20, 2024

However, she stated that the ISDS system in Europe was definitely undergoing a change: investors consider filing less claims and there is an increased interest in settling rather than litigating. Ms Fatás Pérez added that negotiations on the creation of a multilateral investment court would still require significant work.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

FEBRUARY 27, 2024

After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. Finally, the tribunal explained that a provisional measure, by definition, requires a party to do or not to do something, even against its will.

Contract 52

Contract Import IT Negotiation 52

Kluwer Arbitration

FEBRUARY 7, 2024

There was a marked preference for arbitration (whether contractual or treaty-based) over other dispute resolution mechanisms such as mediation, direct negotiation, government intervention, and litigation in the host state’s courts. This could be done through new legislation, or a definitive ruling by the Indian Supreme Court.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

FEBRUARY 8, 2024

China PR) ); (b) the awards not being for a “definite and discernable amount” ( Costco Wholesale Corporation v. DFD Fluoride Chemicals Co. TicketOps Corporation ); (c) the party being unable to present its case ( Prospector PTE Ltd.

Consulting 52

Consulting Participation Corruption IT 52

Procurement Notes

OCTOBER 10, 2022

Labor costs for which a definitive union agreement exists’);]” (9) “Allocate that part of the contract price subject to adjustment to specific periods of time (e.g., Arguably, a negligent negotiations assertion does not alter the elements of a superior knowledge claim. As Guideline No. quarterly, semiannually, etc.)

Government 40

Government Government Price Contract 40

The Coalition for Government Procurement

NOVEMBER 30, 2023

It includes numerous updated definitions, requirements, and representations relating to contractor cybersecurity. Items to note: “ Information and communications technology ” – This updated definition includes additional examples of ICT including telecommunications services, electronic media, IoT devices, and operational technology.

Telecommunication 52

Telecommunication Supply Chain Contract Data 52

ivalua

OCTOBER 1, 2019

Although there is no clear consensus on its definition, this experience is usually understood to be how a user feels about an interactive tool linked to a product or service. The user experience is therefore a key component of the customer experience. But what does it cover? How is it different from the customer experience?

Procurement 40

Procurement E-catalogue E-procurement Engineering 40

Federal News Network

NOVEMBER 9, 2023

It’ll also include enhanced market research, vendor performance and data to be able to strengthen the agency’s abilities to better negotiate their deals.” Under the BCI, GSA will lead the government in negotiating a governmentwide IT software license agreement with a large software provider. That is in process.”

Data 107

Data Contract Price Negotiation 107

Federal News Network

NOVEMBER 17, 2023

It would update the several EPA clauses currently in the schedules program, consolidate them to one and get rid of all of these regulatory mechanisms, instead relying on market forces, on the knowledge intelligence and negotiation skill of our contracting officers and on industry recognizing that they have to operate in a competitive market.”

Price 102

Price Supply Chain Risk Management Contract 102

Kluwer Arbitration

FEBRUARY 10, 2024

In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. After years of negotiations, the Assembly of Heads of State and Government of the African Union subsequently adopted the Protocol on Investment (“Protocol”) to the AfCFTA Agreement in February 2023.

Balance 52

Balance Negotiation Thresholds Ethics 52

Federal News Network

APRIL 30, 2024

In fact, you and I have talked about a couple of them, where the Trade Commission’s definition of an antitrust dynamic often is very narrowly focused in terms of what the interpretation is. It’s going to take a while to negotiate the contracts. David Berteau Absolutely. And we’ve seen a number of cases.

Bidding 119

Bidding Professional Services Sustainability Capacity 119

The Coalition for Government Procurement

FEBRUARY 22, 2024

The proposed regulations are further explained and summarized below: Key Definitions: Certain terms are broadly defined and capture large segments of the U.S. Below are definitions for four key terms that illustrate the scope of the Proposed Rule. cloud computing sector. bare-metal servers”). IaaS products and any of their U.S.

Inventory 52

Inventory Price Contract Supply Chain 52

The Coalition for Government Procurement

AUGUST 1, 2024

The related TAA definition can be found here. Using this definition, the Court reasoned that a follow-on production OT solicitation is a procurement because it seeks to acquire property or services for the government, whether the agency accomplishes that acquisition using its OT authority or the authority under the FAR.

Supply Chain 52

Supply Chain Bidding E-procurement Risk Management 52