Inside Government Contracts

MARCH 12, 2024

FHWA is proposing that the definitions of component, manufactured product, and manufacturer be substantially similar to those used in the BABA implementing rule, only making minor changes to account for FHWA’s category of “excluded materials” discussed below. Comments on the RFI are open until May 13, 2024.

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Government Contracts & Investigations

FEBRUARY 29, 2024

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. Manos, Government Contract Cost & Pricing § 13:3 (2023). [24] DCAA, DCAM ¶ 6-413.1.c. 10] FAR 31.205-6(b)(1). [11] 18] See FAR 31.205-6.

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Price Government Contracts Government Government 52

The Coalition for Government Procurement

APRIL 18, 2024

CISA discusses its process for determining key definitions in the rule (including approaches it considered and ultimately discarded); provides an overview of current cyber incident reporting requirements in the U.S. (as Entities that meet certain threshold criteria – regardless of size – are covered by the rule.

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Supply Chain Thresholds Data Manufacturing 52

Federal News Network

JANUARY 30, 2024

On the face of it, it’s obviously a big deal for small businesses because now if you’re on one of these multiple award IQ contracts, the onus is going to be on the buying agency to come up with justifications to not give you task orders up to the simplified acquisition threshold, currently $250,000. And we’re kind of here.

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Price Thresholds Buyers Data 59

Federal News Network

OCTOBER 18, 2023

Interview Transcript: Zach Prince Well, it really depends on how the FAR council ends up refining the definitions. 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. Tom Temin Sure.

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Contract Bidding Government Government 105

Kluwer Arbitration

MAY 23, 2024

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.

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Participation Purchasing Accountability Price 75

Government Contracts & Investigations

FEBRUARY 29, 2024

Although the protester offered the lowest price, the agency found its proposal was technically unacceptable because it did not meet the new characteristics. The protester argued the GAO should use the evaluated price for jurisdictional purposes because it is a better representation of what the agency will likely spend on performance.

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Bidding Evaluation Sustainability E-procurement 52

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.

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Thresholds Price IT Corruption 52

Procurement Notes

OCTOBER 10, 2022

Department of Labor (“DoL”), Bureau of Labor Statistics (“BLS”), September 13 Consumer Price Index (“CPI”) Summary states that “[o]ver the last 12 months, the all items index increased 8.3 1] Similarly, the BLS September 14 Producer Price Index (“PPI”) Summary states that “[o]n an unadjusted basis, the index for final demand moved up 8.7

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Government Government Price Contract 40

Government Contracts Legal Forum

AUGUST 29, 2024

It is not clear how key employees will be defined here—for example, whether we should be looking to the definition of key employee from the newly organized concern affiliation test (of 13 C.F.R. Revising Definition of an “Employee” – Increasing the Minimum Hours Requirement. Currently, under SBA regulations at 13 C.F.R.

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E-procurement Participation Purchasing Contract 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. . § The new prices will be effective Jan 1, 2026.

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E-procurement Supply Chain Procurement Price 52

The Coalition for Government Procurement

APRIL 25, 2024

The conference begins with remarks from Christine Harada , Senior Advisor in OMB’s Office of Federal Procurement Policy (OFPP), on the governmentwide Better Contracting Initiative , a four-pronged initiative to ensure that the Federal Government receives optimal terms and prices when purchasing goods and services. overall quite reasonable.

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Supply Chain E-procurement Thresholds Procurement 52

The Coalition for Government Procurement

JULY 18, 2024

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.

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Supply Chain Data Price Thresholds 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. Tom Temin Especially in markets where prices are falling.

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Bidding Professional Services Sustainability Capacity 119

Procurement Notes

MARCH 5, 2024

Particularly, the Personal Consumption Expenditures Price Index (“PCE”) core inflation rate for January 2024 was 2.8%. [30] 33] Importantly, since the inflation high water marks of 2022, mostly what has occurred is disinflation (decrease of the inflation rate), not actual deflation (price decreases). down from 5.5%

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Government Contracts Government Government Contract 52

The Coalition for Government Procurement

JANUARY 4, 2024

Potential Changes to FSS EPA Clauses As you know, one of the Coalition’s priorities in 2022 and 2023 was to increase flexibility in the application of Economic Price Adjustments (EPAs) in the Federal Supply Schedule (FSS) program during a time of historic inflation. To register, click here.

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Price Supply Chain Contract Data 52

GovCon & Trade

AUGUST 28, 2023

Similarly to the other definitions, the IIJA requires that “all manufacturing processes for the construction material occurred in the United States.” In the face of strong opposition from some powerful lobbying groups like the United Steelworkers Union, DOT maintained fairly robust thresholds in line with the proposed waiver.

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Manufacturing Transportation Transportation Supply Chain 130

Procurement Notes

JUNE 5, 2021

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.

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Thresholds E-procurement Contract Procurement Contracts 40

Procurement Notes

JULY 28, 2021

And the CO’s protégé, the Contract Specialist, wrote a price analysis that is a modern art masterpiece (it was based on adequate price competition). For example, U.S. Therefore, this office will summarily dismiss such protests without rendering a decision on the merits.” [24] 24] The U.S. However, it is a superficial argument.

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Bidding E-procurement Procurement Evaluation 40

The Coalition for Government Procurement

NOVEMBER 2, 2023

FAR & Beyond: Thoughts on “What is Fair and Reasonable? 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.” Pay a Fair and Reasonable Price ).

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Supply Chain Price Contract E-procurement 52

The Coalition for Government Procurement

DECEMBER 14, 2023

Stakeholders must appreciate and understand that there is a nexus between requirements and price, especially for small businesses. Data context in assessing fair and reasonable pricing is foundational to sound acquisition business decisions. The proposed rule also adds new FAR definitions and expands others. See FAR 15.405.

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E-procurement Procurement Price Supply Chain 52

The Coalition for Government Procurement

MARCH 7, 2024

Like the FAR rule, the new DFARS rule: Modifies the definition of domestic end product, qualifying country end product, and domestic construction material by increasing the domestic content threshold to 65 percent for calendar years 2024 through 2028, and to 75 percent beginning in calendar year 2029. supply chain.

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Supply Chain E-procurement Price Thresholds 52

Procurement Notes

JUNE 15, 2021

Weekend & Holiday Tolling Regarding the definition of day for the three-day request period, FAR 15.501 states “ Day , as used in this subpart, has the meaning set forth at [FAR] 33.101.” [11] Therefore, the general rule that competition “on the basis of competitive proposals” must have price competition is not absolute. [24]

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Bidding E-procurement Procurement Negotiation 40

Procurement Notes

SEPTEMBER 15, 2021

Price , the Supreme Court stated that “[p]rivate persons, jointly engaged with state officials in the prohibited action, are acting ‘under color’ of law. 652(5) excludes a state government from the definition of an employer. The definition does not include the U.S. 1995) (“The definition section of 40 U.S.C. 8] [link]. [9]

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E-procurement Government Government Contract 40

Procurement Notes

OCTOBER 13, 2021

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION) (a) Definition. FAR Clause 52.243-4 ), including submitting a price adjustment claim and, if necessary, filing a claim appeal. 27] Also on October 1, 2021 , the VA , [28] Homeland Security , [29] and NASA [30] issued their FAR deviations.

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E-procurement Procurement Contract Government 40

Procurement Notes

MARCH 16, 2023

Department of Labor (“DoL”), Bureau of Labor Statistics (“BLS”) Consumer Price Index for All Urban Consumers (“CPI-U”). 3] Because economists often consider food and energy prices to be too volatile, they may pull those items out to see what is called “core inflation.” [4] Here, I provide some of the latest information and updates.

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Government Contracts Government Government Contract 40

Federal News Network

FEBRUARY 7, 2024

Because if the government has something that needs to get done and the best technical proposal at a good price, well, we don’t like the fact that they have a gas stove in the company kitchen. They’re not identical, but cyber reporting is definitely coming. Then would that disqualify a contractor? And so it’s untested.

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Thresholds Contract Government Government 120

The Coalition for Government Procurement

NOVEMBER 9, 2023

The BCI includes four priorities to make certain that the Federal Government receives “better terms and prices when purchasing goods and services.” The BCI is part of an effort that began in the Obama-Biden Administration to address agencies paying inconsistent and often higher prices when compared to the commercial market.

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E-procurement Supply Chain Telecommunication Contract 52