Public Procurement Policies

News & Analysis as of

Amendments to Japan's Renewable Energy Act

On April 1, 2017, substantial portions of the Amendments ("Amendments") to The Act on Special Measures Concerning the Procurement of Renewable Energy by Operators of Electric Utilities (the "Act") will become effective. These...more

New Indonesian feed-in tariffs: Will renewables benefit?

In January 2017, the Indonesian Minister of Energy and Mineral Resources introduced new feed-in-tariff (FIT) and procurement schemes for a range of renewable energy sources. The Minister issued a new renewable energy...more

Procurement Pulse - March 2017

This month's issue looks at some recent case law on evaluation methodologies, perhaps the highest risk area when it comes to running a procurement process. The Energy Solutions case (first reported in Procurement Pulse in...more

Identity of Interest Affiliation: Everything You Need to Know

If your company pursues small business set-aside contracts, either as a prime contractor or as a subcontractor, you have to prepare for the possibility of a post-award size protest alleging affiliation. Once the protest is...more

GAO Upholds Waiver(s) of OCI Allegations

On January 30, the U.S. Government Accountability Office (GAO) issued its decision denying Concurrent Technologies Corp.’s (CTC) protest of the U.S. Navy’s award of a support contract for the Navy Manufacturing Technology...more

French Legal and Regulatory Update - January 2017

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

So You Want To Supplement The Record At Claims Court

Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by...more

French Legal and Regulatory Update – December 2016

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for December 2016. Please see full...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

HM Treasury reminds stakeholders of reporting obligations on operational PPP projects

The voluntary code of conduct for PPPs, first published in July 2013 to encourage efficiencies in operational PPP projects, was amended in December 2016. HM Treasury released a number of forms designed to assist private...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

Review of the Significant Canadian Federal Government Contracting Cases in 2016

All procurements in Canada are, at common law, founded on the principles articulated in the Supreme Court of Canada decision in The Queen (Ontario) v Ron Engineering. Ron Engineering introduced the concepts of “Contract A”...more

Weekly Update Newsletter - January 2017

GOVERNMENT CONTRACTS - Memorandum: Implementation of Defense Federal Acquisition Regulation Supplement Final Rule 2016-D002, Enhancing Effectiveness of Independent Research and Development On January 4, 2017, the Under...more

Consortium Bidding in European Government Contracts

Consortium bids are relatively common in the European government contract sector. But, under European law, what happens in a situation where a company which is part of a bidding consortium drops out during the procurement...more

Legal Insight: Overview of PPP laws/frameworks in selected African jurisdictions

Uganda - In July 2014, Uganda joined the list of African countries that have implemented Public Private Partnership or “PPP” laws, by passing the Public Private Partnership Bill 2012 (Uganda PPP Law). As in many African...more

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

UK construction industry news: our contracts, industry and regulatory round-up

Our construction news round-up includes our pick of industry news from the last three or four months as well as a range of contractual and regulatory issues that affect UK construction businesses....more

Brexit: Impact on public sector procurement law

Following the UK's vote to leave the European Union, we consider the potential implications for procurement law in the UK to be minimal in the near term. Post Article 50 negotiations, for reciprocity reasons, and to avoid any...more

Weekly Update Newsletter - November 2016 #3

DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION - Clarification of Requirement for Justifications for 8(a) Sole Source Contracts - The Department of Defense...more

Procurement update for UK construction companies

Mark Bassett highlights the latest procurement news for construction businesses from the last few months. - Concession Contracts threshold: the Cabinet Office and the Crown Commercial Service have published Procurement...more

Focus: Public Officials - The reform of proceedings before the Court of Auditors - The new Code of Accounting Justice

On 7 October 2016, Legislative Decree 174 of 26 August 2016 entered into force laying down the "Code of Accounting Justice, adopted pursuant to Art. 20 of Law 124 of 7 August 2015". This piece of legislation has re-organised...more

D.C. Court of Appeals Decision Covers Important Contracting Principles

The D.C. Court of Appeals (the Court) recently issued a decision covering some important public construction contract principles, most notably notice, cost and pricing data requirements, and the implied duty of good faith and...more

Status of Public Private Partnerships in Texas

In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering...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

Government Contracts Legislative and Regulatory Update - October 2016

The October edition of "Government Contracts Legislative and Regulatory Update" offers a summary of the relevant changes that took place during the month of September. This update will also be available in Contract...more

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