Procurement Guidelines

News & Analysis as of

Middle East PPP Policy Developments: Kuwait and Dubai

In a climate of falling oil prices and tightening government budgets, several states in the Gulf Cooperation Council region (GCC) are looking again at Public Private Partnerships (PPP) as one of several business models for...more

Iran Sanctions: What is Prohibited or Licensable for EU Businesses?

Despite the easing of sanctions on Iran on 16 January under the Joint Comprehensive Programme of Action (JCPOA), some prohibitions and licensing requirements continue to apply to EU businesses. These are summarised below,...more

Design Liability and Right of Way Risk Allocation for Design-Build Projects

Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report,...more

U.K. Procurement Managers to Vendors: Take Cyber Security Seriously or You’re Out

The headlines about massive cyber-security breaches just keep coming these days. Corporate giants Vodaphone, Home Depot, Talk Talk and JP Morgan Chase have all been hacked—to and they're far from the only ones.. But the...more

Kazakhstan introduces Public Private Partnership law

On 31 October 2015 a new RK Law on Public Private Partnership (‘PPP Law’) was signed. We summarize below the key aspects and developments of the PPP Law....more

Major P3 DBFOM Procurement Planned for LAX Modernization

In the largest public-private partnership procurement in the history of California, the Los Angeles Board of Airport Commissioners announced plans to deliver a world-class transportation system to Los Angeles International...more

Procurement Pulse - November 2015

Further debate on the living wage this month, as the Scottish Government issues guidance on evaluating fair working conditions that relate to the subject matter of a procurement. Useful direction from the courts on how to...more

P3 Projects Use Less Contingency Per Infrastructure Ontario Report

This is the second of two posts about the recent Infrastructure Ontario 2015 Track Record Report. As mentioned in the earlier post about Infrastructure Ontario’s 2015 Track Record Report, 98% of the infrastructure...more

Doing Business in Australia: Infrastructure and Construction

DLA Piper has launched the second edition of "Doing Business in Australia: Infrastructure and Construction", a guide to the delivery of infrastructure in Australia. The guide looks at different procurement models including...more

Weekly Update Newsletter - October 2015 #2

GOVERNMENT CONTRACTS - Federal Acquisition Regulation: Simplified Acquisition Threshold for Overseas Acquisitions - The Department of Defense, General Services Administration, and NASA have issued a proposed rule to...more

The Trans Pacific Partnership (TPP) Agreement - A 21st century trade agreement with major advantages for Pacific Rim businesses

At a news conference in Ottawa on October 5, 2015, Canadian Prime Minister Stephen Harper praised the TPP as "the largest economic partnership in the history of the world" and "the new gold standard for international trade...more

Buy America Is Even More Complicated Than You Thought

As you already know, the "Buy America" Act (BAA), 41 U.S.C. §8303 and 48 C.F.R. §25.100-206, requires, in general, use of materials produced in the United States on federal construction projects. Failure to comply with this...more

A Tale of Two Protests: Itemized SBA JV Agreements and Dependence on a Large Business Determination Not Upheld

Recently, two Small Business cases that came out that are notable. Both protests affect Small Business Administration interpretation and application of affiliation rules. The first protest defeated a joint venture agreement...more

“March-in” Rights – The (Paper) Damoclean Sword of Federal Procurement Patent Law

Given the recent PilieroMazza webinar on Data Rights in federal contracting, we have had a number of clients raise concerns or questions about the government’s “march-in” rights under the Bayh-Dole Act, which controls certain...more

The Necessary Ingredient to Compliance Success: Interpersonal Skills

We always bandy the phrase around of “people skills,” or the old trendy phrase of “emotional intelligence.” Hopefully, this posting can create some ideas around new approaches to these old concepts and trendy terminology....more

Possible Expansion of the List of Imported Medical Devices Falling under the "Third is Out" Restriction for State Procurement

Following lengthy discussion and despite the criticism of experts, RF Government Decree No. 102 "On Restricting the Admission of Certain Types of Medical Devices Originating in Foreign States for the Purposes of Procurement...more

Government Contractors Beware: Trying to Fit A Square Peg into A Round Hole

What may be standard in the corporate world can severely disrupt set-aside status in the highly-regulated government contract space. Take the recently-decided case of Precise Systems. ...more

New DFARS Proposed Rule on Commercial Items Acquisitions and Subcontracting: An End Run of Congress?

On Monday, August 3, 2015, the Department of Defense (DOD) issued a long-awaited proposed rule that could have a significant impact on how the DOD and prime contractors procure commercial items. 80 Fed. Reg. 45918 (Aug. 3,...more

How to Succeed in Africa by Choosing Partnership over Corruption

Big opportunities for exporters in Africa - There is no doubt that the continent of Africa is a land rich in opportunities for international businesses. With an abundance of natural resources, some of the world’s fastest...more

Software import substitution: recent news

In support of Russian software developers when executing public (state or municipal) procurement, the Federal Law N 188-FZ “On Amendments to the Federal Law ‘On Information, Information Technologies and Protection of...more

New Federal Integrity Regime: Two Steps Forward, One Step Back

The Integrity Regime replaces the Integrity Framework initially introduced by PWGSC in 2012 and amended in March 2014, which was heavily criticized as being unfairly harsh for its lack of due process and failure to account...more

The New Canadian Integrity Regime: Compliance Carrots to Join the Debarment Sticks

Today we welcome Kristine Robidoux, Partner, Gowling Lafleur Henderson LLP, for an analysis of the new Canadian Integrity Regime. As Canada has one of the most robust Debarment regimes which includes anti-bribery enforcement,...more

Federal Financial Regulatory Agencies Release Final Diversity Standards

After lengthy consideration, six federal financial regulatory agencies—the Consumer Financial Protection Bureau, Office of the Comptroller of the Currency, Federal Reserve Board of Governors, Federal Deposit Insurance...more

Weekly Update Newsletter - June 2015 #2

GOVERNMENT CONTRACTS - DoD Issues Semiannual Regulatory Agenda - The Department of Defense (DoD) published the semiannual agenda of regulatory documents, including those that are procurement-related, for public...more

Proposed FAR Changes To Implement SBA Small Business Subcontracting Rules

DOD, GSA, and NASA have proposed a number of changes to the FAR to implement changes made by the Small Business Administration in 2013 regarding small business subcontracting goals and plans. While the proposed FAR changes...more

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