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As for the 2017 transposition I do not have much to say, but I did say a lot about what was happening below-thresholds. Predictably, the rules were 'simplified' further particularly for below threshold contracts with compliance requirements, timescales and the rights associated to them slashed. But fashionably late it was nonetheless.
The threshold challenge here is to ensure that there is sufficient information in the marketplace to make this kind of requirement workable. This is why, for example, governments sometimes require vendors to compile information on there greenhouse gas emissions as a condition of qualification – see above.)
It is rather more plausible for the tender and contract to seek to bind the technology provider to practices and procedures seeking to ensure high levels of cyber security (by reference to some relevant metrics, where they are available), as well as protocols and mechanisms to anticipate and react to any (potential) security breaches.
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.
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 ). 27] See Rhonda Podojil-Agency Tender Official, B-311310 , 2008 CPD ¶ 94, at 1 (May 9, 2008). [28]
While the language of the bilateral investment treaty (BIT) provided a clear definition of investment, this dispute was complicated by differing versions of the underlying contract. The government opened a public tender process. When are these expenditures considered an investment?
The Court considered the definition of investment under the BIT, and noted that it does not expressly provide for a three-factor-test, although some investment treaty tribunals, such as Salini v. Nevertheless, the Court established it was not required to provide a precise definition of investment. 155-163).
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