Procurement Guidelines

News & Analysis as of

New GST refund restrictions- Impact on procurement contracts

The GST Act has been amended to introduce new restrictions on Australian Taxation Office (ATO) refunds for GST overpayments. The amendments will primarily affect suppliers that inadvertently overpay GST and pass on the cost...more

Corruption & Procurement: Bribery "Thrives in the Dark."

In the July 31, 2014 edition of the Jakarta Post there was a featured article “Smith & Wesson bribery scandal involves National Police officers,” which reported that “the Indonesian Corruption Watch (ICW) has called for an...more

How to Form Teaming Agreements and Strategic Partnerships

In this presentation: - Teaming - Subcontracting - Joint Ventures - Q&A - Excerpt from Teaming: Once partners are selected, prepare and sign a Teaming Agreement: - What...more

Proposed "Buy American" Regulations Complicate Doing Business with the State of Maryland

On July 11, 2014, the Maryland Board of Public Works issued a Notice of Proposed Action that proposed new regulations concerning the preference for American-manufactured goods on most public contracts. The regulations, as...more

Procurement Pulse - July 2014

Word from Cabinet Office is that a consultation paper/draft legislation on implementation of the new procurement directives will be issued over the summer. The Scottish Government has committed to issuing a twelve week...more

Study Finds San Francisco Veterans Administration Medical Center is Prime Candidate for P3 Delivery Method

According to a recently released study by the Bay Area Council Economic Institute, a public-private partnership (P3) may be the most effective method to deliver a proposed expansion of the San Francisco Veterans...more

Minnesota Legislature Establishes New Requirements for Public Contractors

On May 16, 2014, the Minnesota Legislature enacted a new statute that sets out several criteria for contractors bidding on public construction projects. The statute is effective as of January 1, 2015, and attempts to enhance...more

Out of State . . . Out of Mind?: Ensuring that Local and Out-of-State Construction Companies Play by the Same Rules

The construction industry is all too familiar with its perception as a means by which individual and corporate citizens alike may experience economic opportunity. Whether at the federal, state or municipal level, set-aside...more

2014 Maryland General Assembly Passes Bills Affecting Construction Industry

A number of bills were passed during the Maryland General Assembly’s 2014 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain key...more

Minnesota Court of Appeals Applies Common Law Procurement Principles to Best Value Contracting

In April 2014, the Minnesota Court of Appeals issued a published decision clarifying certain aspects of state procurement law. In Rochester City Lines, et al., v. City of Rochester, et al., No. A13-1477, the Court held that...more

It’s Not Just Michael Jordan’s Number Anymore: Previewing the SBA 2013 Small Business Procurement Scorecards

Although the SBA is not ready to make its formal announcement yet, government-wide spending for fiscal year 2013 exceeded the 23% spending goal for small businesses for the first time in seven years. Based on data released...more

Federal Circuit Decision Settles GAO/COFC Split on Agency’s Use of Cooperative Agreements

In March, the Federal Circuit settled a split between the Government Accountability Office (“GAO”) and the Court of Federal Claims that focused on the gray area between cooperative agreements and procurement contracts. Siding...more

CFPB’s Office of Minority and Women Inclusion issues second annual report

The CFPB’s Office of Minority and Women Inclusion (OMWI) has issued its second annual report to Congress covering the OMWI’s activities in 2013. The Dodd-Frank Act required the CFPB and various other federal agencies...more

California Authorizes Alternative Procurement Method for Public Construction Projects

Counties Can Now Use Construction Management At-Risk - Effective January 1, 2014, all California counties are expressly authorized to use the “construction management at risk” project delivery method (CMAR) for any...more

California Utilities File Energy Storage Procurement Plans

In October 2013, California broke new ground in energy policy with an energy storage procurement mandate. The California Public Utilities Commission (CPUC) unanimously approved a decision (D.13-10-040 or the Decision)...more

OPA Recommendations for Large Renewable Procurement

The Ontario Power Authority (OPA) recently published its final Large Renewables Procurement (LRP) recommendations to the Ministry of Energy. The report follows the OPA's interim recommendations published in August 2013 and...more

Kazakhstan Amends Public Procurement Rules

New rules may affect business activities conducted with state entities. On 18 January, the president of the Republic of Kazakhstan signed the law “On amendments to some legislative acts of the Republic of Kazakhstan on...more

Energy Storage Week Update

The timing of the 7th Annual Storage Week conference fell during Southern California Edison's review of storage proposals to meet the 50 MW storage mandate for the West Los Angeles Basin planning and the deadline for the...more

Information and Analysis on Legal Aspects of Procurement

FEATURE COMMENT: The Impact Of The National Defense Authorization Act For Fiscal Year 2014 On Federal Procurement - In 2013, two National Defense Authorization Acts were enacted. First, on January 2, President Obama...more

Government Procurement: Increased Security Scrutiny in IT Supply Chains

New laws and regulations require contractors who supply information technology in their products to control supply chain risk. The US Government (USG) has adopted a series of laws and regulations that focus increased...more

2014 Litigation Report: Managing Risk

In This Issue: Introduction; Food and Beverage Products: Managing Mounting Litigation Risk in the Food and Beverage Industry; Procurement Pitfalls: Best Practices to Manage Risk; Securities and Consumer Class Actions:...more

Southern California Edison Forum – Renewable Auction Mechanism (RAM)

On January 24, 2014, Southern California Edison (SCE) held a forum on its Renewable Auction Mechanism (RAM). RAM, a program open to all Renewable Portfolio Standard eligible technologies for projects generally not less than 3...more

Socially Responsible Procurement and Best Value

The New York Times had an article yesterday by Ian Urbina, The Shopping List as Policy Tool, that analyzes the possibility of using the government’s purchasing power to cure a range of social challenges, including limiting...more

CAISO Announces New Stakeholder Process to Address Reliability, Including Possible Market-Based Capacity Backstop; First Meeting...

The California Independent System Operator (CAISO) has announced that it is starting a new “Reliability Services” stakeholder process. In a January 14, 2014, Market Notice the CAISO said that the new stakeholder process...more

The 2014 EU Procurement Directives

Three new procurement directives will become part of EU law in 2014 : public sector , utilities and concessions. Regulated procurement has undergone a significant review. Save for the rules on remedies, which remain...more

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