Procurement Guidelines

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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

European Procurement and Government Contracts Digest: New Threshold Values for 2014 & 2015

New Higher Procurement Threshold Values to Apply Across Europe from 1 January 2014 - From 1 January 2014, the threshold values that trigger the need for a regulated public procurement exercise across Europe have been...more

Tokyo 2020 Olympics Update: Procurement

BACKGROUND - Tokyo will host the Games of the XXXII Olympiad from 25 July – 9 August 2020, and the Paralympic Games from 25 August – 6 September 2020. According to Jacques Rogge, former President of the...more

Business News Digest – December 2013

In this issue: - NIST Holds Fifth Workshop on Cybersecurity Framework; Incentives Still Lacking - Advertising Law News & Analysis - November 1, 2013 Edition - November 7, 2013 Edition - November 14,...more

Corporate Review: November 2013 - Analysis of the Canada-EU Comprehensive Economic and Trade Agreement: A Call for Revising...

Businesses looking to fully and effectively compete in the global marketplace need to monitor ever-changing trade rules and incorporate these rules into their strategic business plans. Few, if any, major Canadian businesses...more

California Public Utilities Commission Approves Pioneering Energy Storage Mandate

The California Public Utilities Commission (CPUC) will require the state’s three large investor-owned utilities (IOUs) to invest in a combined 1,325 MW of energy storage by the end of 2020, the first-such mandate in the...more

California Utilities Poised to Commence Renewable Energy Procurement

At its November 14, 2013 Commission meeting, the California Public Utilities Commission (the “CPUC”) conditionally accepted the renewables portfolio standard (“RPS”) procurement plans filed by various California utilities....more

Spotlight on CFPB Procurement Opportunities

For many organizations the Consumer Financial Protection Bureau (CFPB) represents more than just a regulator – rather, it can also serve as a potential customer. Government contracts are big business and procurement...more

Non-Protestable Task Order Procurement Decision Shuts Out Incumbent Contractor

A recent decision by the U.S. Court of Federal Claims (“COFC”) serves as a reminder on the limits a contractor faces in protesting task and delivery order awards. In MORI Associates, Inc. v. United States, No. 13-671C (2013),...more

Government Procurement: September and October 2013 Federal Register Update

1. Final Rules Regarding the Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors - On September 24, 2013, the Department of Labor Office of Federal Contract Compliance Programs...more

Utah Procurement Code: A Road Map for Better Purchasing

No doubt your charter school is a careful steward of taxpayer funds and always gets the best deal on everything it buys. Right? Well now you have an even better "tool" to make sure you are getting the best deal possible....more

Energy Law Alert: California Public Utilities Commission Approves 1,325 MW Energy Storage Procurement Target for California...

At its meeting this morning, the California Public Utilities Commission unanimously approved a decision establishing an energy storage procurement target for California's investor-owned utilities (IOUs), electric service...more

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