Public Contracts

News & Analysis as of

Novation of Government Contracts: How to Prepare for and Receive Government Approval

Government contractors, so long as consistent with statute and regulation, should coordinate with the government regarding novation issues to best position themselves for acceptance of proposed novations....more

Publication of the revised MPRDA Amendment Bill

The revised Mineral and Petroleum Resources Development Amendment Bill 15D – 2013 (the Bill) was passed by the National Assembly on 1 November 2016. The Bill has now been referred to the National Council of Provinces (NCOP)....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

Avoiding disputes under PFI/PF2 contracts

With more PF2 projects ahead, there are lessons to be learnt from recent PFI disputes. In the Autumn Statement, the Chancellor of the Exchequer confirmed that "the government will develop a new pipeline of projects that...more

Brexit and Procurement

UK’s Industrial Strategy announced—new Government contracting approach will favour UK-based firms after Brexit. UK Government spending currently runs circa £278 billion per annum. Government contractors will be...more

The fourth railway package: the next stop on the journey to liberalization

The fourth railway package has been adopted in two stages: a technical pillar, recasting the interoperability and safety directives and amending the regulation establishing a European Railway Agency, adopted on May 11, 2016,...more

California Employers: Time to Gear Up for 2017

Now is the time of year for California employers to review the numerous employment laws that will be going into effect in 2017 to ensure that their policies and practices are in compliance and properly address new...more

EU and Canada Signed Landmark Trade Agreement

While the U.S. was fully immersed in its presidential elections and took distance from the T.T.I.P. (the long-negotiated international trade agreement between the U.S. and the European Union), and while Great Britain was...more

Embraer FCPA Enforcement Action – Part II

Today I continue my exploration of the recently announced Department of Justice (DOJ) and Securities and Exchange Commission (SEC) Foreign Corrupt Practices Act (FCPA) enforcement action with the announcement of the...more

Embraer FCPA Enforcement Action, Part I

The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) continued their stunning 2016 run of Foreign Corrupt Practices Act (FCPA) decisions with the announcement of the resolution of the Embraer SA...more

Successful procurement challenge and witness success bonuses

The High Court has held that the Nuclear Decommissioning Authority breached the Public Contract Regulations (PCRs) when awarding a GBP 4.6 billion contract for the decommissioning of 12 Magnox reactors in the United Kingdom....more

Changes To Florida’s New Anti-Corruption Law Take Effect October 1 - Will Florida Soon Consider Your Business Practices Corrupt?

The Florida Legislature recently responded to growing concerns over public corruption in the state of Florida by amending Florida’s Anti-Corruption Act (FACA). The changes take effect October 1. This paper outlines...more

Farewell to R2D2 and Key Energy FCPA Resolution – Part II

Yesterday I began a what I thought would be a two-part series on the Key Energy, Inc. (Key Energy) Foreign Corrupt Practices Act (FCPA) enforcement action. However (and as usual), I got carried away so today I will review the...more

Has The California State Treasurer’s Office Gone Underground?

Late last month, the California State Treasurer’s Office announced a “move to stop ‘Pay-to-Play’ school bond campaigns”. According to the announcement...more

Importance of the Amendment to the Public Procurement Law for the Expenditure of EU Funds

It is projected that in 2014–2020 Poland will receive a total of 350 billion zloty in EU funds for developing infrastructure, including 67 billion zloty for developing railway infrastructure, 107 billion for road...more

Preparing for Potential MOG Changes

As we all keenly await the outcome of the election, this is a good time for in house counsel to consider how their agency's new contracts and other arrangements may be affected by potential machinery of government and other...more

Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please...more

ANAC cambia rotta, il Codice dei Contratti Pubblici riguarderà solo bandi e avvisi pubblicati dopo il 20 aprile 2016

The ANAC has changed opinion: the new Code of Public Contracts will cover only notices published with effect from 20 April 2016. With a Press Release of 3 May 2016, the National Anti-Corruption Authority ( "ANAC")...more

Concession Contracts Regulations 2016

After a long legislative process which began in Brussels over 10 years ago the Concession Contracts Regulations 2016 (Regulations) have finally come into force in England, Wales and Northern Ireland. ...more

Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of...more

SBA’s New Itvar Size Rule

OVERVIEW - - History and proposed changes to SBA’s ITVAR size rule - What is SBA’s new ITVAR size rule? - Understanding the nonmanufacturer rule and waivers - What should ITVARs do now Please see...more

Call to Action: SB 885

Legislation Would Limit Design Professionals’ Liability on Public Contracts - The California Special Districts Association has issued a “Call to Action” regarding SB 885. If enacted, the legislation would further limit...more

Il Nuovo Codice degli Appalti e delle Concessioni

Varato il decreto legislativo che riforma la materia in attuazione delle direttive UE 23, 24 e 25 del 2014 - Il 3 marzo scorso, il Consiglio dei Ministri ha approvato in esame preliminare il decreto legislativo di...more

Procurement Pulse - March 2016

The final implementation date for the three new EU procurement directives is 18 April 2016 - so things are hotting up in terms of getting to grips with new legislation. Cabinet Office has reviewed the responses to its...more

The Sour Taste of Corruption: Part I

In July 2014 the Serious Fraud Office (SFO) confirmed that it had launched an investigation into allegations of bribery concerning a former employee of property surveyor Sweett Group. The former employee was based in the...more

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