Procurement Guidelines

News & Analysis as of

Taking Credit for Subcontractor Past Performance

- Procurements under FAR Part 8 are subject to a different default rule than FAR Part 15 procurements, GAO rules. - Absent clear direction from the solicitation, an agency conducting a Part 15 procurement must consider...more

Trump Administration Takes Moderate Steps Against Iran. What Comes Next?

On Friday, February 3, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) announced it was designating 25 entities and individuals as Specially Designated Nationals (SDNs) for their involvement in...more

Government Contracts Legislative and Regulatory Update - February 2017

Our February edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of January....more

Five Washington Realities for President Trump’s Consideration

Last week, we published an op-ed, “Here are Five things President Trump can't change,” in The Hill discussing long-established and irrevocable rules of how D.C. works that Trump and his team need to factor into their thought...more

Hosted satellite payload procurement: A brief how-to guide

In this article, we will extend our examination of the satellite procurement process to focus on the how-to of a specialized variation – procurement of a hosted payload. Many of the general elements applicable to procuring...more

Satellite systems procurement: A brief how-to guide

The decision to commission the construction and launch of a satellite system is a multi-year strategic decision for any entity, whether commercial or governmental. Unlike many noncustomized procurements, even ones of similar...more

Russian Legislation Update: November 2016 - January 2017

Welcome to the most recent issue of our Russian Legislation Update, covering the period of November 2016 - January 2017. In this issue: - Corporate Relations - Anti-Corruption Practices - Banking - Procurement...more

Weekly Update Newsletter - January 2017 #2

GOVERNMENT CONTRACTS - Federal Acquisition Regulation; Federal Acquisition Circular 2006-95 - This Federal Acquisition Circular provides a summary presentation of final rules issued by the Department of Defense...more

Projects and Energy Weekly Snippets

Weekly projects and energy updates in South Africa - Five municipalities in Eskom cut-off reprieve - The municipalities have set up payment plans after the national power utility caused an uproar by threatening...more

Virginia Governor Issues Executive Order to Combat Sexual Orientation and Gender Identity Discrimination Among State Contractors

Virginia law does not currently prohibit discrimination on the bases of sexual orientation or gender identity. However, as Governor Terry McAuliffe stated in a news release on January 5, 2017, “Starting today, the...more

LPTA Out, Fixed Price Contracts In

The National Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA), signed into law by President Obama on December 23, includes limitations on a low price evaluation methodology and a preference for fixed price contracts...more

Contracting with the State: State entities setting aside their own decisions

Organs of state are required to comply with a plethora of legislation and policies, specifically relating to procurement and financial management, before entering into contracts. It is not uncommon for organs of state to not...more

Renewable Alert Letter 27

On December 13, 2016, the Procurement Price Calculation Committee announced proposed procurement prices and other rates for FY2017 and beyond. Proposed procurement prices are shown for solar power of 10kW or more and...more

Procurement Card Attorney Fee Award

Scott Enterprises, Inc. v. City of Allentown, 142 A.3d 779 (Pa. 2016) — Pennsylvania Supreme Court held that a jury finding of bad faith does not mandate a trial court to award penalties and attorney fees under the...more

IR&D technical interchanges: DCMA bows out, leaving OSD to go it alone—to contractors’ detriment

On November 21, 2016, the Defense Contract Management Agency (DCMA) issued guidance to its contracting officers instructing them to refer contractors’ requests for information concerning their points of contact for technical...more

Getting the Deal Through — Electricity Regulation 2017: South Africa

1 Policy and law - What is the government policy and legislative framework for the electricity sector? Key policies South Africa energy policy is influenced by numerous policies including the White Paper on the...more

NDAA to Reinstate GAO Task Order Jurisdiction

It appears that, at long last, the Government Accountability Office (GAO) will have permanent jurisdiction over task and delivery orders exceeding certain thresholds. The right of federal contractors to protest agencies'...more

Coordinating Third Party Due Diligence and Procurement

Third party risk management is easily one of the most challenging risks for compliance officers. With all the attention and hype surrounding third party risk, companies have marshaled attention and resources to mitigate the...more

The Department of Energy’s Simplified IIP Process Goes Into Effect in November

On November 28, 2016, the Department of Energy’s (DOE) simplified Integrated Interagency Pre-Application (IIP) Process will go into effect. The IIP is a voluntary, pre-application process intended to streamline and...more

OIG Pushing FEMA to Get Tougher on Procurement Compliance

The Department of Homeland Security Office of Inspector General (OIG) recently released their report "FEMA Can Do More to Improve Public Assistance Grantees' and Subgrantees' Compliance with Federal Procurement Rules." OIG...more

Office of Management and Budget ( OMB ) Circular A-xxx

Re: Proposed New OMB Circular A-xxx - Dear Ms. Dillon: We are writing to submit comments on the above-referenced proposed Office of Management and Budget (“OMB”) Circular, issued on October 7, 2016, 81 Fed. Reg....more

Kentucky Rolls Out its P3 Law in Lexington

The National Council for Public Private Partnerships (NCPPP) and the Kentucky Chamber of Commerce recently concluded on October 28 a very well-attended two day conference in Lexington, Kentucky on the Commonwealth’s new...more

Key Issues When Doing Business with the Canadian Public Sector

Canada’s public-sector entities include all levels of government, Crown corporations, government agencies, boards and commissions, public utilities, and a wide variety of public institutions, including hospitals and...more

Procurement Pulse - October 2016

The new regime based on the 2014 procurement directives continues to evolve. In September, Crown Commercial Service (CCS) issued guidance on its new Selection Questionnaire, replacing the standard PQQ, and considered to be an...more

South African Department of Energy issues LNG-to-Power Independent Power Producer Procurement Programme Information Memorandum –...

The South African Department of Energy has issued an Information Memorandum in connection with the previously announced LNG-to-Power Independent Power Producer Procurement Programme. On 4 October 2016, the South African...more

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