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]

Thresholds 52

Thresholds Supply Chain Price Retail 52

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.

Public Procurement 98

Public Procurement Tender Supplier Procurement 98

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.

Supply Chain 52

Supply Chain Electronics Purchasing Manufacturing 52

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.

Consulting 45

Consulting Thresholds Price Import 45

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]

Manufacturing 52

Manufacturing Supply Chain Procurement Thresholds 52

The Procurement School

OCTOBER 22, 2024

These reactions can lead to strict risk management and purchasing policies with overly complicated bid documents and onerous requirements that are imposing on potential SME bidders. All applicable treaties and updated policies allow for flexibility below fixed dollar thresholds and offer legitimate exemptions for a range of circumstances.

Participation 52

Participation Procurement Strategies Procurement Buyers 52

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.

Thresholds 45

Thresholds Import Retail Export 45

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.

Supply Chain 52

Supply Chain Government Government Telecommunication 52

The Coalition for Government Procurement

SEPTEMBER 26, 2024

The FIT Act would authorize agencies to make advanced payments for cloud computing services, increase the simplified acquisition threshold from $250,000 to $500,000 and the micro-purchase threshold from $10,000 to $25,000, and require Federal procurement officers to take cross-functional training. The CMMC 2.0

E-procurement 52

E-procurement Procurement Price Buyers 52

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.

Tender 40

Tender Contract Supplier Procurement 40

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.

Procurement 52

Procurement Data Strategic Planning Management 52

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.

E-procurement 52

E-procurement Price Supply Chain Procurement 52

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.

Manufacturing 130

Manufacturing Transportation Transportation Supply Chain 130

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.

Government 40

Government Government Export Data 40

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.

Thresholds 147

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] 75] In re APA Transp.

Government Contracts 52

Government Contracts Government Government Contract 52

SmallGovCon

JULY 19, 2024

Manufactured Dual-Use, Military Grade Microelectronics for Russian Entities The post SmallGovCon Week in Review: July 15-19, 2024 first appeared on SmallGovCon - Government Contracts Law Blog. He never saw himself as disadvantaged. Then the government had him write an essay.

Thresholds 104

Thresholds Purchasing Government Contracts Quantity 104

The Coalition for Government Procurement

SEPTEMBER 19, 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 CMMC 2.0 According to the proposed rule, DoD plans to implement a phased rollout of CMMC. GAO sustained the protest. [1]

Price 52

Price Supply Chain Logistics Procurement 52

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.

Procurement 52

Procurement Thresholds Contract Consulting 52

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

Procurement 52

Procurement Contract Networking Budget 52

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.

Procurement 52

Procurement Supplier Price Competitive Bidding 52

Select GCR

DECEMBER 17, 2024

Manufacturing contracts above $15,000 fall under the Walsh-Healey Public Contracts Act, which enforces labor standards, including minimum wage and safety requirements. Additionally, the Fair Labor Standards Act (FLSA) sets the federal minimum wage and overtime pay standards, which apply broadly across employment scenarios.

Government 52

Government Government Government Contracts Transparency 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.

Supply Chain 52

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.

Supply Chain 52

Supply Chain Data Price Thresholds 52

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]

E-procurement 52

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.

Price 52

Price Supply Chain Contract Data 52

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.

Manufacturing 130

Manufacturing Supply Chain Purchasing Procurement 130

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.

Supply Chain 52

Supply Chain E-procurement Price Thresholds 52

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).

Sustainability 52

Sustainability Procurement Manufacturing Purchasing 52

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.

Government Contracts 52

Government Contracts Government Government Contract 52

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.

Thresholds 40

Thresholds E-procurement Contract Procurement Contracts 40

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

E-procurement 52

E-procurement Procurement Supply Chain Price 52

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.,

Government Contracts 40

Government Contracts Government Government Contract 40

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]

E-procurement 40

E-procurement Procurement Contract Negotiation 40

The Coalition for Government Procurement

DECEMBER 12, 2024

Request for Feedback on Proposed Rule Raising Procurement Thresholds The Coalition plans to submit comments on a November 29 proposed rule, “Inflation Adjustment of Acquisition-Related Thresholds.” Finally, there are updates to the MAS Modification Guide. The public has until January 28, 2025, to submit comments.

Supply Chain 52

Supply Chain E-procurement Thresholds Sustainability 52

The Coalition for Government Procurement

DECEMBER 19, 2024

Step 4: If you are reporting Services and receive errors on the Manufacturer Name, Manufacturer Part Number, or UPC fields: Check those fields and remove any data from them. ” This proposed rule implements a statutory requirement to adjust acquisition related thresholds every five years to account for inflation.

Inventory 52

Inventory Procurement Data Thresholds 52

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

E-procurement 52

E-procurement Supply Chain Telecommunication Contract 52