Public Procurement Policies

News & Analysis as of

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

June FCPA Compliance Digest | BONUS: Global Anti-Corruption and Anti-Money Laundering News

I love writing articles where I get to discuss companies making history. PetroTiger has been exonerated from criminal FCPA prosecution by the DOJ. That’s only happened once before, in the case of Morgan Stanley....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

Cancelled Solicitation: What Can A Government Contractor Do?

Proposal preparation can be a difficult and expensive process. On top of the normal challenges of spending thousands of dollars preparing what a contractor hopes is a successful proposal, they also face the risk of an agency...more

Agencies Finalize Diversity Policy Statement

On June 9, six federal agencies – the Federal Reserve, CFPB, FDIC, NCUA, OCC, and the SEC – issued a final interagency policy statement creating guidelines for assessing the diversity policies and practices of the entities...more

[Webinar] Mexico: The Changing Landscape of Anti-Corruption - June 10, 11 EST

New laws, increased enforcement and broadened liability increase the urgency for companies working in Mexico to put processes in place to prevent corruption within their own organizations and among their business...more

When Govt. Failure to Issue Final Decision on Certified Claim Is a Deemed Denial

A recent decision from the United States Court of Federal Claims (COFC) sets forth the standard for when the government’s failure to make a decision on a certified claim will be considered a deemed denial. In Rudolph and...more

New Executive Order on Federal Sustainability Promotes Responsible Government Procurement Policies

In March, President Obama issued Executive Order 13693, “Planning for Federal Sustainability in the Next Decade.” It replaces and updates a number of Executive Orders and Memorandums, most notably replacing Executive Order...more

House Passes Veteran Preference Bill

Earlier this week, the House of Representatives unanimously approved a bill, titled the Boosting Rates of American Veteran Employment Act or “BRAVE Act.” The BRAVE Act authorizes the Department of Veterans Affairs (“VA”) to...more

Update: New Measures Adopted by Quebec to Promote Integrity in Public Contracts

On April 1, 2015, the Act to Ensure Mainly the Recovery of Amounts Improperly Paid as a Result of Fraud or Fraudulent Tactics in Connection with Public Contracts (Act) received assent following its unanimous adoption by...more

Consequences for Large Primes Not Hitting Subcontracting Plan Goals

The U.S. Government Accountability Office (“GAO”) recently ruled that the Defense Logistics Agency (“DLA”) properly excluded a large business prime contractor’s proposal from the competitive range based in part on the...more

Government suppliers face tighter anti-corruption, IP compliance in EU

As the European national governments implement the new EU Public Procurement Directive, government suppliers face tighter restrictions on bribery and other corruption activities and potentially even IP infringements going...more

Procurement Pulse - March 2015: Update 2

Guidance to be read in conjunction with the Public Contracts Regulations, 2015 (PCR'15) is being issued thick and fast. We reported the new requirements for advertising below threshold contracts on Contracts Finder in the...more

Developments in the insolvency world – The Small Business, Enterprise and Employment Bill

The Small Business, Enterprise and Employment Act (the Act) recently received Royal Assent. The Act introduces a number of new provisions across a wide range of issues, including regulatory reform, public sector procurement...more

New Guidance for Transparency in “Best Value” Procurements

“Best value” procurements are sometimes criticized as involving a “black box” decision-making process. A recent report issued by the National Cooperative Highway Research Program (“NCHRP”) discusses practices to increase...more

Virginia General Assembly Addresses Fourth Circuit Decision to Uphold Statutory Cap on Recovery by Public Works Contractors for...

In Carnell Construction Corp. v. Danville Redevelopment & Housing Authority, 745 F.3d 703 (2014), the United States Court of Appeals for the Fourth Circuit upheld the trial court’s ruling that, without government approval,...more

Construction Case Law Update - March 2015

Racial discrimination; City Contracting Ordinances; Federal Affirmative Action Compliance in Contracting – Plaintiff-contractor sued the City of Jacksonville, alleging racial discrimination against him and other...more

MoFo Global Procurement Quarterly: Winter 2015

In This Issue: - Protection of Security Relevant Information vs. Enhancement of Global Competition – Germany's "No Spy Decree" for Public Tenders under Continuous Scrutiny - RWIND Tenderer Test: Objective or...more

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