LexBlog: Contracts & Procurement

DECEMBER 6, 2022

Specifically, the Interim Final Rule includes the following major actions: Adjusting the economic disadvantage thresholds applicable to the 8(a) Business Development and Economically Disadvantaged Women-Owned Small Business (EDWOSB) programs, and the dollar limit for small business size standards for certain industries. [1]

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Import and Trade Remedies

MARCH 27, 2024

To achieve this it will impose a carbon price on imported goods with the aim of levelling the playing field and ensuring that imported goods are subject to a carbon price that is comparable to that incurred by manufacturers based in the UK. Importers will be able to rely on default values, at least until 2031.

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Select GCR

SEPTEMBER 3, 2024

A sole source situation exists when specific criteria are met, emphasizing the need for thorough verification of the exclusivity of the source, especially in cases involving ‘sole brand’ or ‘sole manufacturer’ items that may have multiple distributors. This indicates the presence of competitive market alternatives.

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Government Contracts Legal Forum

MAY 9, 2024

On May 3, 2024, the Federal Acquisition Regulation (FAR) Council issued an Advanced Notice of Proposed Rulemaking (ANPR) regarding the prohibition on semiconductors produced by certain Chinese manufacturers, enacted in Section 5949(a)(1) of the James M. origin technology or software.

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The Coalition for Government Procurement

AUGUST 29, 2024

Further, confirming the broad applicability of CMMC, DOD confirmed that these requirements will be applicable to contracts below the Simplified Acquisition Threshold (which currently sits at $250,000). The appellant maintained that the solicitation should have a manufacturing NAICS code with an employee-based size standard. 27, 2024.

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Import and Trade Remedies

FEBRUARY 6, 2024

114-125 ) to increase the de minimis threshold for imports into the United States from $200 to $800, far exceeding similar thresholds in other countries globally. It would maintain the $800 cap but apply lower thresholds with countries on the basis of reciprocity. In a January 19, 2024 letter to U.S. Blumenauer.

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ivalua

MAY 9, 2023

The result– the market has turned into almost a monopoly where there is one dominant provider and the threshold for other vendors is so high that entry is incredibly difficult. In Norway there has been a long period of consolidation on the vendor side where vendors have been bought to be discontinued or bought to be sold under a common brand.

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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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Government Contracts & Investigations

OCTOBER 11, 2023

In other words, there are no exceptions for purchases below the micro-purchase threshold or the simplified acquisition threshold. The new FAR clauses are required to be included in all solicitations and contracts, regardless of the dollar size of the contract, the type of contract, or the type of offeror.

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The Coalition for Government Procurement

SEPTEMBER 5, 2024

Further, confirming the broad applicability of CMMC, DOD confirmed that these requirements will be applicable to contracts below the Simplified Acquisition Threshold (which currently sits at $250,000). The appellant maintained that the solicitation should have a manufacturing NAICS code with an employee-based size standard. The CMMC 2.0

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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. Most recently, the Biden Administration implemented Executive Order 14005 to “maximize” the U.S. sources.

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The Coalition for Government Procurement

OCTOBER 19, 2023

Most DoD assessments were found to take place above a threshold of $111.4 GAO found that DoD policy does not provide clear direction about which M&A DoD should prioritize for assessment other than those above the HSR threshold. Senator Gary Peters (D-MI) opened the Hearing, explaining that the purpose was to explore how the U.S.

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Government Contracts Legal Forum

MAY 20, 2024

The most recent round of new regulations and initiatives finds the administration seeking to strengthen purchasing mandates of sustainable goods and services, as well as laying the groundwork for significant restrictions on the federal procurement of products containing per- and polyfluoroalkyl substances (PFAS).

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Government Contracts & Investigations

SEPTEMBER 18, 2023

To the extent your company comes face to face with an infrastructure project, in the United States, that involves federal funding, you may be expected to comply with domestic preference requirements for three categories of products: (1) iron and/or steel products; (2) manufactured products, and (3) construction materials. [1]

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The Coalition for Government Procurement

AUGUST 15, 2024

This case was distinguishable from other OHA size appeal decisions, where a price had not been agreed upon or where a potential purchase was conditioned on the seller reaching financial targets. The appellant maintained that the solicitation should have a manufacturing NAICS code with an employee-based size standard. 27, 2024. [3]

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Government Contracts Legal Forum

MARCH 12, 2024

For example, there is no exemption for substances manufactured or imported as impurities or byproducts and no broad exemption for materials manufactured or imported only for research and development (R&D) purposes. According to the Implementing Instructions for E.O.

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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

JUNE 6, 2024

Last month, the Federal Acquisition Service (FAS) issued a draft Request for Quotes (RFQ) for the proposed governmentwide ASCEND Blanket Purchase Agreement (BPA) for cloud services. 1 Simplified Acquisition Threshold: The bill would raise the simplified acquisition threshold (SAT) from $250,000 to $500,000.

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GovCon & Trade

AUGUST 28, 2023

Aimed at fostering a strong American manufacturing base and creating jobs, domestic-preference policies, unlike those previously mentioned, typically engender broad, bipartisan support leading to tightening existing rules, new rules increasing the domestic content requirement, and heightened scrutiny over BAA waivers.

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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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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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VWV

MAY 19, 2021

The threshold for relying on this ground is high – a contracting authority needs to be able to show there is only one provider in the relevant market supported by market studies, not simply that other suppliers would be more expensive or would face economic or technical difficulties in meeting the requirements.

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Government Contracts Legal Forum

JANUARY 5, 2024

This provision of the NDAA seems targeted at bridging the communication gap between the agencies by requiring that the parties to a proposed transaction over the HSR threshold provide a copy of their HSR filing directly to DoD. Section 834 amends 10 U.S.C.

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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. and deemed critical to the U.S.

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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] 75] In re APA Transp.

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Procurement Notes

OCTOBER 13, 2021

14,042 and the guidance issued to date urges procuring Agencies to include the Vaccine Mandate in all contracts – including contracts other than services (supplies, products, manufactured items). William Clark, issued a memorandum encouraging procuring Agencies to adopt without emendation FAR Deviation Clause 52.223-99. [25]

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The Coalition for Government Procurement

DECEMBER 14, 2023

The April analysis also prompted the Food and Drug Administration to provide pre-market cyber guidance for device manufacturers and promulgate new medical device requirements. 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

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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] 36] Specifically, unlike the CPI, the PCE does not merely account for goods and services purchased by a consumer, but also purchased on the consumer’s behalf (e.g.,

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Government Contracts Government Government Contract 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).” The investment, which nearly exhausts the $2.15

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