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.

Manufacturing 147

Manufacturing Transportation Transportation Electronics 147

Import and Trade Remedies

MARCH 27, 2024

Creation of a £10,000 minimum registration threshold Below £10,000, importers will not have the obligation to register and account for the CBAM. However, based on the consultation proposals, the person liable will be the person responsible for the goods when they are released into circulation in the UK.

Consulting 45

Consulting Thresholds Price Import 45

Public Contracting Institute

OCTOBER 3, 2024

More specifically, each BPA holder shall be provided a specific request for quote (RFQ) for procurement requirements of an anticipated total dollar value exceeding the simplified acquisition threshold. Schedule contracts provide for an extensive volume of competitive cost/price offerings. Would the IDV be a more appropriate arrangement?

Purchasing 52

Purchasing Thresholds Price Accountability 52

Public Contracting Institute

OCTOBER 3, 2024

More specifically, each BPA holder shall be provided a specific request for quote (RFQ) for procurement requirements of an anticipated total dollar value exceeding the simplified acquisition threshold. Schedule contracts provide for an extensive volume of competitive cost/price offerings. Would the IDV be a more appropriate arrangement?

Purchasing 52

Purchasing Thresholds Price Accountability 52

FedScoop

APRIL 22, 2024

Agency and user-generated content may meet the definition of Federal records as determined by the agency,” reads the agreement. For clarity, any Federal Records-related obligations are Agency’s, not Company’s.

Electronics 132

Electronics Impact Assessment Transparency Thresholds 132

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.

Supply Chain 52

Supply Chain Thresholds Data Manufacturing 52

SmallGovCon

JANUARY 11, 2024

9 Senate-Passed 2024 NDAA set to Raise DoD Set-Aside Sole-Source Contract Threshold Limits. 6 FAR Final Rule: Increased Micro-Purchase and Simplified Acquisition Thresholds. The FAR was updated to increase the micro-purchase threshold and the simplified acquisition threshold, effective August 31, 2020.

Thresholds 59

Thresholds Government Contracts Bidding Purchasing 59

VWV

FEBRUARY 22, 2022

Universities have successfully persuaded the Cabinet Office to introduce a minimum contract value threshold of £2 million in relation to some of the transparency requirements to reduce the administrative burden on universities, particularly regarding the publication of information.

Procurement 40

Procurement Thresholds Framework Agreement Procurement Team 40

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.

Contract 105

Contract Bidding Government Government 105

GovCon & Trade

DECEMBER 18, 2023

The GAO decision provides an in-depth look at the high evidentiary bar associated with proving governmental bias in bid protests and the need to have definitive evidence before making such a claim. The evidentiary threshold to proving CO bias is extremely high. As a general matter, GAO presumes government officials act in good faith.

Bidding 147

Bidding Contract Evaluation Price 147

Kluwer Arbitration

JUNE 20, 2024

This includes a fairly broad and future-oriented definition of AI, provisions on safeguarding confidentiality and furthermore, ensuring the integrity of the arbitral proceeding. However, before having a deeper look into the Guidelines themselves, one question needs to be answered: is there even a need for further rules?

Evaluation 52

Evaluation Thresholds Accountability Ethics 52

Public Procurement Intl

OCTOBER 21, 2024

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.)

Procurement 147

Procurement Procurement Strategies E-procurement Bidder 147

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.

Participation 75

Participation Purchasing Accountability Price 75

Inter-American Development Bank

JANUARY 12, 2024

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.

Government 52

Government Government Balance Quality 52

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.

Manufacturing 52

Manufacturing Supply Chain Procurement Thresholds 52

Kluwer Arbitration

NOVEMBER 22, 2024

Similarly, the CETA , the Indian Model BIT and the Dutch Model BIT offer some definitions of “substantial business activity” and “control”. If the threshold for an invocation is lower, then the question arises as to how it is defined and how it squares with the predictability and notification requirements.

Corruption 52

Corruption Contract Thresholds IT 52

SmallGovCon

MARCH 28, 2024

SBA’s definitions section of its government contracting regulations says the following: Similarly situated entity means a subcontractor that has the same small business program status as the prime contractor. under FAR 2.101 ), there are limitations on how much the prime can subcontract out to whom.

Thresholds 86

Thresholds Contract Utilities Government Contracts 86

Government Contracts Legal Forum

MAY 9, 2024

Both prohibitions will apply to all procurements, including commercially available off-the-shelf (COTS) items, and purchases below the micro-purchase threshold: Section 5949(a)(1)(A) ( Part A ) prohibits agencies from acquiring electronic products or services that include covered semiconductor products or services.

Supply Chain 52

Supply Chain Electronics Purchasing Manufacturing 52

The CGP

AUGUST 11, 2023

In an economy where opportunities exist that provide definitized business commitments exceeding what is offered under the Schedules, rational firms will choose to engage in those alternative business opportunities.

Price 100

Price Negotiation Contract Thresholds 100

Kluwer Arbitration

FEBRUARY 28, 2024

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.

Import 52

Import Thresholds Contract Corruption 52

Federal News Network

MAY 14, 2024

Historically, that was not a parallel process, but definitely a series process. Army updating ATO policy Garciga said by keeping programs under the RDT&E bucket, the Army is recognizing the other changes it needs to complete to make these efforts more successful. “We We need to relook at processes like interoperability.

Sustainability 122

Sustainability Evaluation Inventory IT 122

Kluwer Arbitration

JULY 2, 2024

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.

Thresholds 52

Thresholds Price IT Corruption 52

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. 126.103) for shared working spaces (or “coworking” spaces).

E-procurement 52

E-procurement Participation Purchasing Contract 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

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.

Bidding 52

Bidding Evaluation Sustainability E-procurement 52

Kluwer Arbitration

JULY 26, 2024

To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors. Mexico and New York) and because Forbes IP’s anti-suit injunction would be dispositive of the Mexico Injunction.

Insurance 52

Insurance Thresholds Media Contract 52

Federal News Network

JUNE 26, 2024

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. This was relating to an IDIQ contract.

Bidding 98

Bidding Contract Bidder Government 98

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.

Price 59

Price Thresholds Buyers Data 59

The Coalition for Government Procurement

APRIL 25, 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.

Supply Chain 52

Supply Chain E-procurement Thresholds Procurement 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. They seem to favor actions against business, whether there’s any effect from what it is they’re moving against in the first place.

Bidding 119

Bidding Professional Services Sustainability Capacity 119

Government Contracts Legal Forum

OCTOBER 12, 2023

The new FAR clauses implementing these changes will apply to all contracts, including contracts below the simplified acquisition threshold (SAT), contracts or orders for commercial products or services (including commercial off-the-shelf (COTS) items), and orders under indefinite delivery, indefinite quantity contracting vehicles.

Supply Chain 52

Supply Chain Telecommunication Contract Procurement 52

Kluwer Arbitration

DECEMBER 2, 2023

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.

Ethics 52

Ethics Innovation Efficiency Thresholds 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.

Procurement 52

Procurement Tender Buyers Contract 52

Inside Government Contracts

OCTOBER 10, 2023

The rule also adds new FAR definitions and expands others. The rule applies to contracts below the simplified acquisition threshold, and to commercial products, including commercial off the shelf (COTS) items, and commercial services. But the definition of “security incident” under the proposed clause is very broad.

Contract 173

Contract Telecommunication Data Thresholds 173

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.

Supply Chain 52

Supply Chain Data Price Thresholds 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.

Procurement 52

Procurement Contract Finance Purchasing 52

Kluwer Arbitration

MARCH 3, 2024

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).

Efficiency 52

Efficiency Thresholds IT Import 52