Public Procurement Policies

News & Analysis as of

Significant Changes to U.S. and E.U. Sanctions Against Iran

On January 16, 2016, the United States and the European Union lifted or substantially amended many nuclear proliferation-related sanctions against Iran. This date constitutes Implementation Day as specified in the Joint...more

PilieroMazza Legal Advisor - First Quarter 2016

Business & Corporate Law - REGULATORY ISSUES FOR ACQUISITIONS OF GOVERNMENT CONTRACTS BY NON-U.S. BUYERS - With the uptick in M&A transactions for government contractors, we have seen an increase in cross border...more

New procurement lobbying, ethics and pay-to-play provisions

The political headlines from last year's battle over lobbying and ethics reform legislation in the Commonwealth of Virginia may have long faded from public memory, but the legal realities of the enacted law—Senate Bill No....more

Trans-Pacific Partnership: Landmark new commitments on government procurement

TPP general summary - The legal text of the Trans-Pacific Partnership (TPP) was released to the public on November 5, 2015. After seven years of negotiations, Canada and 11 Pacific Rim countries, representing 40 percent...more

New Tenders Law to come into effect in Qatar

A New Tenders Law (the new law) has recently been decreed in Qatar and is expected to be published shortly. Following a recognised need for a set of uniform guidelines bringing more clarity to the public procurement process...more

Procurement Update: Australian Government Response to the Competition Policy Review: What Does it Mean for Commonwealth...

On 24 November 2015, the Australian Government issued its response to the Competition Policy Review (Harper Review). Two recommendations from the Harper Review are directly relevant to Commonwealth procurement. This...more

New Reporting Requirement for Virginia School Boards

Beginning in July 2015, Virginia school boards and institutions of higher learning have been subject to new mandatory reporting requirements regarding the method of procurement used to obtain contracts for certain...more

Upcoming Changes in Québec Public Procurements

On November 11, 2015, the Québec Government announced a Draft Regulation to amend the implementing regulations of the Act Respecting Contracting by Public Bodies with respect to supply contracts, service contracts and...more

OHA Clarifies Non-Manufacturer Rules For Procurements Conducted Under Simplified Acquisition Procedures

Last month, the SBA Office of Hearing and Appeals (“OHA”) issued a decision which has clarified that, as in the past, for procurements conducted under simplified acquisition procedures, offerors who wish to qualify as a small...more

Report Finds Ontario P3s Exceed Industry Standards for On-Budget and On-Time Performance

This is the first of two posts about the recent Infrastructure Ontario 2015 Track Record Report. As the public-private partnership (P3) market in the United States continues to grow, U.S. agencies that are considering...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

Defense Department Proposes to Expand Applicability of Electronic-Counterfeit-Parts Regulations; Tens of Thousands of Contractors...

It has long been a goal of the Federal government to eliminate counterfeit parts—parts of unknown (and likely false) origin and uncertain reliability—from the procurement supply chain. But these efforts have picked up pace...more

Procurement Pulse - September 2015

Draft regulations have been issued for consultation, to implement both the Utilities Directive and the Concessions Directive - expected to be in force April 2016. There has been some interesting case law on application of...more

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

Size Your Project Up: Developing a Tailored RFP Can Lead to More Effective Procurements, Successful Projects and Fewer Protests

Gone is the day when public agencies only have one option — the traditional design-bid-build construction delivery method — for procuring a contractor for a public construction project. Instead, there is an increased...more

Procurement update: Flexibility for public sector development agreements?

The recent case of Edenred (UK Group) Ltd v Her Majesty's Treasury & Ors [2015] UKSC provides useful guidance on the issue of "material change" and highlights the importance of preparing a full and clear specification prior...more

Federal Highway Administration Publishes CM/GC Notice of Proposed Rulemaking

On June 29, 2015, the Federal Highway Administration ("FHWA") issue a Notice of Proposed Rulemaking ("NPRM") related to the construction manager/general contractor ("CM/GC") method of contracting. The NPRM is a long-awaited...more

Fronting Practices

The Broad-Based Black Economic Empowerment Act 53 of 2003 ("BEE Act") was recently amended to provide for (amongst other things) the criminalisation of fronting practices. The Broad-Based Black Economic Empowerment Commission...more

Supreme Court Will Hear Government Contracts Case on Veteran Business Preferences

Well, it doesn’t happen very often, but the Supreme Court has agreed to hear a government contracts case! The Supreme Court granted certiorari on June 22, 2015, and will hear an appeal from the Court of Appeals for the...more

Procurement Pulse - July 2015

The Supreme Court ruling in the Edenred case on 1 July, provides an answer to the query we posed in June's Procurement Pulse - where a contract is signed before the Public Contracts Regulations, 2015 (PCR'15) came into force,...more

New Integrity Framework - Changes to Canada's Integrity Rules for Procurement

On July 3, 2015, the Government of Canada introduced a new “Integrity Regime” for procurement and real property transactions to overhaul the former Integrity Framework.i The Integrity Regime consists of the Public Works and...more

Canadian Government Overhauls the Integrity Regime for Suppliers - Still Tough to Get Over Debar

On July 3, the Government of Canada announced a new Integrity Regime to replace the previous rules for debarment (disqualification) from public procurement. The new Regime, which is effective immediately, responds to more...more

EU Litigation Update - June 2015

Recognition and Enforcement of Arbitral Awards in Russia: Recent Developments. Recent decisions concerning the enforcement of international arbitration awards in Russian courts have yielded mixed results. Russian courts have...more

DOL Invites Comments on Requirement That Bidders Disclose Employment Law Violations

President Obama’s Executive Order 13673, called the Fair Pay and Safe Workplaces Order, uses the prospect of gaining or losing an edge in winning government contracts to provide a powerful incentive for employers to comply...more

Recent Conference Highlights Risks and Opportunities in an Evolving P3 Market

As opportunities grow for public-private partnership procurement, political risk is the main threat to P3 projects. To sustain and grow the P3 market, the benefits will have to be communicated to elected officials and the...more

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