Government Contracts Legal Forum

APRIL 30, 2024

The Final Rule also makes many changes to 2 CFR Parts 180 and 200, including, but not limited to, increasing the threshold for audits, clarifying the requirements for fixed amount awards, and implementing a mandatory disclosure rule. Subrecipients must also submit a copy of any written disclosure to the pass-through entity.

E-procurement 52

E-procurement Thresholds Internal Control Evaluation 52

The Coalition for Government Procurement

SEPTEMBER 6, 2024

It also lowered the approval threshold for EPA increase requests and allowed for the removal and re-addition of contract items at higher, renegotiated prices. We called for language clarifying the necessity of market research, using market indexes, and identifying time limits for EPA reviews and negotiations.

Price 49

Price Negotiation Transparency Utilities 49

LexBlog: Contracts & Procurement

NOVEMBER 22, 2022

In terms of differences, REAs are generally less formal than Claims and amount to a request for negotiated settlement of a disputed amount. But do note that REAs above the simplified acquisition threshold submitted to agencies in the DoD require a two-prong certification. What If the Government Rejects the REA (or Fails to Respond)?

Negotiation 40

Negotiation Consulting Thresholds Contract 40

Federal News Network

OCTOBER 18, 2023

And that’s the language that you see in the Truth and Negotiations Act. And this applies below the simplified acquisition threshold, too. Now, I guess the truthful costs and pricing data Act where current, accurate and complete is used and that becomes the hook for False Claims Act liability. Tom Temin Sure. They’re huge.

Bidding 104

Bidding Contract Government Government 104

Inter-American Development Bank

MAY 31, 2022

These percentages are the result of political negotiations and, consequently, debatable, particularly since knowledge mega-enterprises look set to become ever larger in the future and will reside mostly in developed economies, limiting the laudable redistributive function.

Thresholds 52

Thresholds Distribution Electronics Accountability 52

Select GCR

MAY 7, 2024

Multiple-award contracts mandate a fair opportunity to all awardees for orders over the micro-purchase threshold, though there are exceptions like urgency or specialized service needs. Additional specific requirements are necessary for executing cost-reimbursement orders and time-and-materials or labor-hour orders under federal contracts.

Government Contracts 98

Government Contracts Government Government Contract 98

VWV

OCTOBER 8, 2024

For below threshold contracts , Contracts Finder will still be active. For above threshold contracts , the new Central Digital Platform will be the primary tool for finding upcoming opportunities. One of the key objectives of the Act is to improve transparency, making it easier for suppliers to discover new opportunities.

Supplier 52

Supplier Procurement Tender Transparency 52

Government Contracts & Investigations

OCTOBER 11, 2023

The Cost Principles also apply to the determination, negotiation, and allowance of costs whenever required by a contract clause. [6] Documenting the negotiation process and rationale are critical for such transactions. 10] A cost is allowable only if it meets all of the following requirements: Reasonableness.

Price 52

Price Government Contracts Government Government 52

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

Kluwer Arbitration

FEBRUARY 12, 2024

It explained that in typical contract negotiations, once the parties’ proposed terms are accepted, a binding contract is formed. However, in the case of adhesion contracts, one party presents non-negotiable terms, which the other party can either accept or reject in its entirety.

Distribution 52

Distribution Thresholds Contract Negotiation 52

VWV

MAY 19, 2021

The most common grounds for direct awards of new contracts under Regulation 32 (use of the negotiated procedure without prior publication) of the Public Contracts Regulations 2015 include where: No tenders or suitable tenders have been submitted in a previously advertised open or restricted procedure. These are narrowly interpreted.

Tender 40

Tender Contract Supplier Procurement 40

The Coalition for Government Procurement

OCTOBER 19, 2023

In turn, this will lead to more consistent and sound negotiation and administration of MAS contracts. In the past, the regional structure gave rise to differing cultures, negotiation approaches, and interpretations of applicable regulations and solicitation provisions. 5] Thus, OHA found the JV ineligible for award.

E-procurement 52

E-procurement Price Supply Chain Procurement 52

The Coalition for Government Procurement

FEBRUARY 8, 2024

Agencies are directed to focus attention on maximizing small business participation below the simplified acquisition threshold. Further, agencies are encouraged to include on-ramps and discouraged from including off-ramps for organic growth in their MACs. MAS Basic Training: The Nuts & Bolts, Feb.

E-procurement 52

E-procurement Price Negotiation Utilities Procurement 52

Kluwer Arbitration

MARCH 20, 2024

The decision will also be of interest to insurers, banks and any other third parties who deal with contractual rights arising under an English law contract containing a prohibition on assignment.

Insurance 52

Insurance Contract Import Thresholds 52

The Coalition for Government Procurement

JUNE 6, 2024

1 Simplified Acquisition Threshold: The bill would raise the simplified acquisition threshold (SAT) from $250,000 to $500,000. Unlike traditional competition requirements, these procedures are more streamlined and flexible. To register for this members-only meeting, click here. Virtual attendance will also be available.

Procurement 52

Procurement Data Strategic Planning Management 52

Government Contracts & Investigations

FEBRUARY 29, 2024

The standard for reasonableness depends on whether the compensation is paid in accordance with an “arm’s length” labor-management agreement negotiated pursuant to the Federal Labor Relations Act or similar state statutes. [9]

Price 52

Price Government Contracts Government Government 52

Government Contracts Legal Forum

AUGUST 29, 2024

Per SBA, “[w]here the purchasing concern is not able to fulfill the requirements of the existing mentor-protégé agreements as written,” the protégé should be able to either negotiate a revised MPA with the purchasing concern or terminate the MPA if the protégé believes the new entity is not a good fit.

E-procurement 52

E-procurement Participation Purchasing Contract 52

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] 12, § 12-801 (Nov. FAR 31.205-32.

Government Contracts 52

Government Contracts Government Government Contract 52

Government Contracts Legal Forum

SEPTEMBER 29, 2023

FLSA exemption issues can arise when unpaid furlough periods reduce the compensation level of exempt employees below the threshold required for them to maintain their exempt status under federal, state, or local law. During a government shutdown, many government contractors implement unpaid furloughs of employees.

Government 40

Government Government Contract Insurance 40

Federal News Network

APRIL 30, 2024

The basic proposal here is that, regardless of whether an employee is a salaried employee or an hourly wage employee, if they’re below a certain threshold, in this case, nearly $60,000 a year in terms of salary, then you would have to pay them overtime. It’s going to take a while to negotiate the contracts.

Bidding 119

Bidding Professional Services Sustainability Capacity 119

Select GCR

DECEMBER 17, 2024

Beyond the FAR, other significant laws such as the Armed Services Procurement Act and the Small Business Act provide additional guidance on contract negotiation, pricing, and subcontracting. Certain modifications may necessitate preliminary price negotiations to protect the governments interests.

Government 52

Government Government Government Contracts Transparency 52

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.

Government 40

Government Government Price Contract 40

The Coalition for Government Procurement

AUGUST 15, 2024

Healthcare Spotlight: HHS Announces Medicare Part D Negotiated Prices This week, the Department of Health and Human Services (HHS) released the final drug prices negotiated through its Medicare Drug Price Negotiation Program established under the Inflation Reduction Act of 2022 (IRA).

E-procurement 52

E-procurement Supply Chain Procurement Price 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

Select GCR

SEPTEMBER 3, 2024

For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted. A sole source purchase is justified when unique attributes or circumstances dictate that only one provider is capable of supplying the desired goods or services.

Procurement 52

Procurement Supplier Price Competitive Bidding 52

LexBlog: Contracts & Procurement

SEPTEMBER 1, 2022

Under the proposed rule, contractors performing “large-scale construction projects” will be required to “negotiate or become a party to a [PLA] with one or more appropriate labor organizations.” ” FAR 52.222-33. There are certain exceptions to the PLA requirements.

Negotiation 40

Negotiation Bidder Efficiency Thresholds 40

How to Crack a Nut

FEBRUARY 24, 2023

While the theoretical expectation could be that the public buyer would opt for a competitive dialogue or innovation partnership, as procedures targeted at this type of procurement, evidence of EU level practice shows that public buyers have a strong preference for competitive procedures with negotiations.

Procurement 52

Procurement Tender Buyers Contract 52

Procurement Notes

JUNE 15, 2021

2305(b) , and FAR 6.401(b) , it is apparent that the term implies competitive negotiation source selection procedures, as typified by FAR Part 15 but not necessarily limited to FAR Part 15. [19] The Competitive Negotiation in a Trojan Horse The 2020 U.S. . § 3703 , 10 U.S.C. See, e.g., Centerra Integrated Facilities Servs.,

Bidding 40

Bidding E-procurement Procurement Negotiation 40

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

Kluwer Arbitration

NOVEMBER 18, 2023

The panel noted that parties (including Japanese and Korean companies) who go through lengthy negotiations before the arbitration is commenced often can be unwilling to make a settlement offer once the arbitration is commenced.

Management 52

Management Data Negotiation Participation 52

VWV

JANUARY 4, 2021

The current procurement thresholds will remain in force. For procurements which are sub-threshold, Procurement Policy Note 11/20 permits contracting authorities to reserve certain contracts for small and medium-sized Enterprises (SMEs), to the charity sector or to Buy British in certain circumstances. What About State Aid?

Procurement 40

Procurement Thresholds Award Criteria Tender 40

Kluwer Arbitration

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. This regulation grants a safe harbor for vertical agreements under certain conditions (among others, a 30% market share threshold and the absence of “hardcore” listed restrictions).

Distribution 59

Distribution Price Negotiation Manufacturing 59

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

Import and Trade Remedies

AUGUST 30, 2023

For example, the submission proposes that the current prohibition under Article 3(1)(b) of the SCM Agreement against conditioning access to subsidies on the satisfaction of local content requirements should not apply to developing country Members, provided that the use of domestic goods does not exceed a threshold to be agreed by Members.

Export 40

Export Negotiation Manufacturing Import 40

The Coalition for Government Procurement

SEPTEMBER 19, 2024

The deadline to avoid a government shutdown is September 30, although Friday, September 27 is seen as the target date for lawmakers to finalize negotiations before returning to their home districts to campaign until the election. Another option is a clean CR through December 2024. The CMMC 2.0

Price 52

Price Supply Chain Logistics Procurement 52

Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. This changed seven years later with the adoption of the Protocol on Investment to the African Continental Free Trade Area Agreement.

Balance 52

Balance Negotiation Thresholds Ethics 52

The Coalition for Government Procurement

NOVEMBER 30, 2023

There is no exception for contracts below the simplified acquisition threshold, for commercial products and services, or for commercially available off-the-shelf (COTS) products. A JV agreement must also identify the responsibilities of the parties with respect to negotiation of the contract, source of labor and contract performance. [4]

Telecommunication 52

Telecommunication Supply Chain Contract Data 52