Government Contracts Legal Forum

MAY 9, 2024

Prohibition Section 5949 contains two prohibitions on the purchase or use of “covered semiconductor products or services,” defined as those designed, produced, or provided by Semiconductor Manufacturing International Corporation (SMIC), ChangXin Memory Technologies (CXMT) or Yangtze Memory Technologies Corp (YMTC), and any of their affiliates.

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Supply Chain Electronics Purchasing Manufacturing 52

Import and Trade Remedies

MARCH 27, 2024

The form of the UK “carbon tax” will not work the same way as the UK Emission Trading System (ETS) and EU CBAM The UK CBAM will not replicate the model of purchasing and surrendering CBAM certificates (which is the way that the EU CBAM operates). Importers will be able to rely on default values, at least until 2031.

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Consulting Thresholds Price Import 45

Government Contracts & Investigations

SEPTEMBER 18, 2023

OMB originally hinted in its Memorandum M-22-11 that for-profit entities were exempt from the BABA requirements due to their general exclusion from the definition of a “non-Federal entity” under the Uniform Guidance. The Guidance (generally) adopts the BAA’s definition of items made predominantly of iron or steel or a combination of both.

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Manufacturing Supply Chain Procurement Thresholds 52

Government Contracts & Investigations

FEBRUARY 29, 2024

This decision demonstrates that there must be definitive adverse agency action before the GAO will hear a protest; typically, the agency must fully eliminate an offeror from competing in the next round of the procurement, or the agency must make an award.

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Bidding Evaluation Sustainability E-procurement 52

Kluwer Arbitration

JULY 26, 2024

Ecopetrol’), the national oil company of Colombia, seeking a declaration with respect to certain indemnification terms under a Share Purchase Agreement entered into in 2008 (the ‘2008 SPA’). Offshore Exploration and Production LLC, United States District Court, Southern District of New York, No.

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Insurance Thresholds Media Contract 52

How to Crack a Nut

OCTOBER 22, 2024

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. This part of the dispute concerned the definition of ‘public works contracts’ under Directive 2014/24/EU (issue 1). The case was very interesting in three respects.

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Procurement Finance Purchasing Public Procurement 52

How to Crack a Nut

FEBRUARY 24, 2023

Similar issues arise with the possibility to creatively structure remuneration under some of these contracts to keep them below regulatory thresholds (eg by ‘remunerating in data’). Tenderer selection The public buyer could take a dual approach. This could become a significant sticking point.

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Inside Government Contracts

MARCH 1, 2024

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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Thresholds Procurement Price Quantity 147

Procurement Notes

MARCH 5, 2024

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] see also Daniel Liberto, et al.,

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Government Contracts Government Government Contract 52

Government Contracts Legal Forum

AUGUST 29, 2024

setting employee compensation, hiring and firing of employees, setting a budget, borrowing money, purchasing equipment, paying dividends, etc.) JV Purchase – Right of First Refusal to the Protégé. would not give rise to control and, therefore, affiliation, while the ability to block an ordinary action (e.g.,

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E-procurement Participation Purchasing Contract 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 Procurement Thresholds 52

The Coalition for Government Procurement

JULY 18, 2024

The blog post covers the following benefits of TDR that have resulted from the current pilot: Support for Small Businesses: GSA used transactional data to analyze which high-demand items customers were purchasing and found that certain items were only being provided by large business resellers. See the article above for more details.

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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. . §

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E-procurement Supply Chain Procurement Price 52

The Coalition for Government Procurement

JANUARY 4, 2024

Covered follow-on contracts include most contracts governed by the Service Contract Act (SCA) that exceed the Simplified Acquisition Threshold, currently set at $250,000. The rule implements an executive order of the same name signed in November of 2021. The draft was announced on Interact as well as SAM.gov.

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Price Supply Chain Contract Data 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] See FAR 2.101 (definition of offer ). local time), the debriefing request will likely be considered filed on the next day. [10] at 89-92. [34]

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Bidding E-procurement Procurement Negotiation 40

Inside Government Contracts

SEPTEMBER 21, 2023

Government’s purchase of goods and services produced in the United States and Executive Order 14104 to increase domestic manufacturing and commercialization in certain research and development supported by federal funding. Both sides of the political aisle have marched to a drumbeat of increased domestic sourcing for the past several years.

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Manufacturing Supply Chain Purchasing Procurement 130

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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Procurement Notes

MARCH 16, 2023

There are four major categories of purchases covered in the CPI-U: food, energy, commodities like cars and clothes, and services like rent and healthcare.” [1] First , PPI “does not include imports, because imports are by definition not produced by domestic firms.” [10] CPI First, consider the U.S. 4] Below shows how the 6.0%

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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.

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Supply Chain E-procurement Price Thresholds 52

SmallGovCon

JANUARY 8, 2025

This decision confirmed that, even if a business changes size after being awarded a GSA schedule contract, it can still compete for small business task orders from a Blanket Purchase Agreement awarded under its GSA schedule contract. The SAM definition of immediate owner still creates questions for a lot of federal contractors.

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Thresholds Purchasing Evaluation Import 105

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

The Coalition for Government Procurement

JANUARY 16, 2025

If a multiple-award acquisition is expected to meet or exceed the substantial bundling dollar threshold the agencys small business specialist would be required to notify the PCR if the agency expects less than 30% of the contract awardees to be small businesses. The public has until January 28, 2025, to submit comments.

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Procurement Thresholds Professional Services Efficiency 40

The Coalition for Government Procurement

NOVEMBER 2, 2023

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.

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Supply Chain Price E-procurement Contract 52

The Coalition for Government Procurement

DECEMBER 14, 2023

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 million or $7 million for orders with a manufacturing NAICS code).

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E-procurement Procurement Supply Chain Price 52

The Coalition for Government Procurement

DECEMBER 12, 2024

To receive a BIC designation, GWACs must meet rigorous requirements regarding definitions and planning processes among using data-driven strategies to dictate buying and consumption behavior, implementing category and performance management strategies, and receiving independently validated reviews.

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Procurement Notes

OCTOBER 13, 2021

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.

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E-procurement Procurement Contract Negotiation 40

The Coalition for Government Procurement

NOVEMBER 9, 2023

White House Announces “Better Contracting Initiative” On November 8, the Biden-Harris Administration announced the next phase of the Federal Government’s enterprise approach to purchasing goods and services, known as the “Better Contracting Initiative (BCI).” Notably absent from those FAR provisions is a definition for these terms.

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E-procurement Supply Chain Telecommunication Contract 52

Import and Trade Remedies

APRIL 7, 2025

Draft Future Contracts with Tariffs or Similar Government Measures in Mind: When negotiating new deals or renewals, allocate the risk of tariffs and trade disruptions clearly, including by specifying what happens when certain triggering events transpire, such as when applicable tariffs surpass certain thresholds.

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Supply Chain Buyers Price Manufacturing 40