Government Contracts & Investigations

OCTOBER 11, 2023

Section 202 of the FASCSA established the FASC, authorizing the Council to make recommendations for orders that would require the removal of specified articles from government information systems (“removal orders”), or the exclusion of sources or covered materials from procurement actions as a whole (“exclusion orders”).

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Curbing Corruption in Government Contracting

JANUARY 21, 2020

Enhancing the transparency of government in general and of public procurement processes in particular has been increasingly on the agenda of governments, civil societies and businesses as evidenced by initiatives such as the Open Government Partnership which has seen 70 OGP members making 189 open contracting commitments by March 2019 [1].

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The Coalition for Government Procurement

FEBRUARY 8, 2024

Legal Corner: Bills in US Congress Would Require Federal Agencies and Vendors to Implement NIST AI Framework The Legal Corner provides the procurement community with an opportunity to share insights and comments on relevant legal issues of the day. Authored by Howard W. Waltzman, Stephen Lilley, Evan C.

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Government Contracts Legal Forum

AUGUST 29, 2024

128.401(e)) Programs. e) provide the following: For a single award small business contract or any unrestricted contract, a concern that recertified as other than small or other than the required small business program status: Remains eligible to receive options and May receive orders or agreements issued. 121.104), HUBZone (13 C.F.R.

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The Coalition for Government Procurement

OCTOBER 19, 2023

Correspondingly, it also will increase competition and access to commercial services, solutions, and products by eliminating the significant variations in the application of the key MAS procurement rules across the program, all to the benefits of customer agencies, GSA, and industry partners.

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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]

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The Coalition for Government Procurement

SEPTEMBER 26, 2024

The governmentwide day on November 20 will feature expert panels addressing “what’s next” after the election for the future of federal procurement. Join us as we dive into what lies ahead for federal procurement in 2025 and beyond! Market and Procurement Outlook Panel: What’s Next?

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Public Procurement Intl

OCTOBER 21, 2024

Around the world, governments are embracing “green procurement” – environmentally sustainable strategies to reduce global greenhouse gas emissions and other forms of pollution. A ” catalogue ” of green procurement strategies in the European Union and the United States, prepared by the European Commission and the Office of the U.S.

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Tracker Intelligence

FEBRUARY 12, 2025

The Public Procurement Glossary Public procurement can feel like a maze of unfamiliar terms and endless abbreviations. Thats exactly why this Public procurement glossary existsto make things simple. No fluff, no confusing jargonjust procurement terms and abbreviations explained in a way that actually makes sense.

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The Coalition for Government Procurement

APRIL 11, 2024

The conference, which continues the dialogue from last year on “What is Fair and Reasonable,” will dive into the latest government policies, programs, and procurement topics with sessions including key government officials, industry experts, and legal minds. We look forward to seeing you at the Conference on May 8-9!

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The Coalition for Government Procurement

AUGUST 15, 2024

Celebrating a Dedicated Procurement Leader: Wishing Tom Sisti a Happy Retirement! It is with mixed emotions that The Coalition for Government Procurement announces the retirement of Executive Vice President & General Counsel, Tom Sisti. Furthermore, he worked as Procurement Counsel detailed to the U.S.

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Procurement Notes

OCTOBER 10, 2022

18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.

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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.

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Procurement Notes

JUNE 15, 2021

13] However, to be clear, the predicate for this being the case is that the procurement must rely upon the debriefing provisions of FAR Subpart 15.5—such 15] Not For All Procurements Just as important as knowing how to get a required debriefing is discerning what is not a required debriefing. 2305(b)(6)(A) and 41 U.S.C.

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Procurement Notes

JULY 28, 2021

Jay Blindauer Bid protests are crucial to the proper functioning of the procurement system. And the CO has a Supervisory CO, Chief of the Contracting Office (“CoCO”), or Head of Contracting Activity (“HCA”) who needs the CO to finish the award so the CO can move on to the next procurement. Break out the champagne. For example, U.S.

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Open Contracting Partnership

JULY 6, 2023

Public procurement can shape our world. On 15-16 June, together with the governments of Albania, Italy and the Netherlands, we held a conference on Open and Sustainable Procurement in Europe for about 100 procurement leaders from 25 European countries. There were many, many more great examples to share.

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Open Contracting Partnership

JULY 5, 2023

To shed light on the value of having high-quality procurement data, we spoke to product owner Hans Minkes at TenderNed , the Dutch government’s online tendering system and one of the agencies furthest along in implementing eForms among the EU Member States. Publication of below-the-threshold tenders is voluntary.

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The Coalition for Government Procurement

NOVEMBER 2, 2023

OMB Aims to Increase Small Disadvantaged Business Spending in FY24 On October 25, the Office of Management and Budget (OMB) released a memo informing agencies of Federal goals to award 13 percent of Federal procurement dollars to small disadvantaged businesses (SDBs) in fiscal year (FY) 2024. in the Federal marketplace.

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How to Crack a Nut

NOVEMBER 7, 2023

Here, I reflect on these documents from the perspective of AI procurement as a major plank of this governance reform. Procurement in the AI Executive Order Section 2 of the AI Executive Order formulates eight guiding principles and priorities in advancing and governing the development and use of AI. Section 10.1(b) Section 10.1(b)

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The Coalition for Government Procurement

MARCH 7, 2024

In Memory of Marcia Madsen It is with heavy hearts that the staff and members of The Coalition for Government Procurement mourn the passing of our dear friend and colleague, Marcia Madsen. After several years at Mayer Brown, Marcia’s advice was instrumental in my decision to become President of the Coalition for Government Procurement.

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Open Contracting Partnership

DECEMBER 4, 2024

Almost a decade after its inception, Ukraine’s Prozorro system remains at the forefront of procurement transformation and innovation. There are specific dashboards that analyze prices on the central e-catalog , medical procurement , buyer evaluations , Energy Services Company (ESCO) procurement, or internal auditing practices.

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Procurement Notes

JUNE 13, 2022

26] Section 503 and VEVRAA AAPs also apply (when thresholds are met) to a construction contractor/subcontractor on a Federal construction project, but not for a construction project that is merely Federally-assisted. [27] 86] The procuring agency is supposed to be able to provide a list of covered geographical areas. [87]

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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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The Coalition for Government Procurement

DECEMBER 14, 2023

As calendar year 2023 ends, the Coalition is looking ahead to 2024 and the policies, programs, and initiatives that will shape the federal procurement system and the delivery of customer agency mission support. Competition and industrial base are important to the vitality of the procurement system.

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Procurement Notes

SEPTEMBER 15, 2021

Specifically, the GovCon Order applies for contractors/subcontractors of “[e]xecutive departments and agencies, including independent establishments subject to the Federal Property and Administrative Services Act, 40 U.S.C. Postal Service or the Postal Regulatory Commission. [12] Emphasis on the word some. 102(4)(B). . 6701 et seq.; (iii)

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Procurement Notes

OCTOBER 13, 2021

This compliance headache is shared by procuring Agencies, prime contractors, subcontractors, and supply chain vendors, among others. 14,042 is being implemented by each procuring Agency developing its own FAR Subpart 1.4 Generally, procuring Agencies seem to be adopting the FARC-recommended clause without changes.

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Kluwer Arbitration

MARCH 7, 2025

200.213.614, 08 October 2019 Richard Hansen, Linklaters LLP, ITA Reporter for the Netherlands This decision rejects a setting aside claim under Articles 1065(1)(c) (mandate), (d) (reasoning) and (e) (public policy) DCCP. Defendant, Court of Appeal of Arnhem-Leeuwarden, Nr. Pertamina International Marketing & Distribution Pte Ltd v.

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The Coalition for Government Procurement

JANUARY 9, 2025

The final rule, entitled Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment , is based on the recommendations of the Interagency Suspension and Debarment Committee (ISDC). The comments herein do not necessarily reflect the views of The Coalition for Government Procurement.

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Procurement Notes

MARCH 16, 2023

Nash previously addressed excessive deficit spending, calling it “an issue that should be of concern to all folks that work in the procurement arena.” 75] Looking at the FRED data , it shows a little more variability, but nonetheless affirms ~20% of GDP as a threshold that appears difficult to surpass. [76] Canada, U.K,

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How to Crack a Nut

NOVEMBER 22, 2024

This Op-Ed is based on the assumption that public procurement law is not and cannot be insulated from these changes – veritable seismic shifts – and from recent policy and normative actions taken by EU institutions. The Council also called ‘for resuming discussions on the EU’s international procurement instrument’ (see here ).

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The Coalition for Government Procurement

DECEMBER 12, 2024

GAP FACs goal is to modernize the Federal procurement processes by integrating emerging technologies such as AI, data analytics, cloud computing, and cybersecurity into acquisition strategies. The comments herein do not necessarily reflect the views of The Coalition for Government Procurement. Authored by Susan B.

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The Coalition for Government Procurement

NOVEMBER 9, 2023

This week, the Coalition, along with other industry associations, met with OMB and the Office of Federal Procurement Policy (OFPP) to discuss a number of important topics, including the BCI. In addition, increased efficiencies in operations led to faster award cycles, as demonstrated by a Procurement Administrative Lead Time of under 50 days.

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