News & Analysis as of

Public Procurement Policies

California’s New Public Works Claims Resolution Process

If you’re a public entity or contractor involved in public works construction, you should be aware of a new law that took effect this year establishing a new mandatory claims resolution process for disputes on public works...more

Weekly Update Newsletter - July 2017

by PilieroMazza PLLC on

CAPITOL HILL - “Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws.” June 30, 2017. Retrieved from whitehouse.gov. The Office of Management and Budget and Department of Commerce...more

President Trump Issues Executive Order on Apprenticeships

Perhaps it was only apropos. This past month, President Trump, former reality show host of The Apprentice, signed an executive order calling for more money and a bigger role by private companies in designing federal...more

NEC4 contracts now published

by White & Case LLP on

The NEC has recently published its much anticipated next generation suite of contracts, NEC4. The NEC has chosen the phrase "evolution not revolution" to describe the NEC4 suite. The new suite remains true to the NEC's...more

Defense sector reform

by DLA Piper on

How is the defense sector represented in Ukraine? What are the major problems and challenges facing the Ukrainian defense industry? Find the answers to these questions in the following article by Anastasiya Bolkhovitinova...more

Procurement Pulse - June 2017

by DLA Piper on

Procurement legislation provides certain guidance on how to run an impartial procurement process - including minimum time limits for submitting expressions of interest or bid documentation, prescribed criteria for selecting...more

Do Minnesota Municipalities Have the Authority to Source Public Works Contracts Using the Construction Manager at Risk Delivery...

by Dorsey & Whitney LLP on

Recently, at least two experienced attorneys, one who represents contractors and the other who primarily represents public authorities, have published position papers opining whether Minnesota municipalities have the power...more

Part 2: Federal Government Contract Debriefings, The Ten Commandments, Nos. VI - X

by Williams Mullen on

In this blog post, we present Nos. VI - X of the Ten Commandments for Debriefings. These were developed over the years as best practices for government contractors with input from the entire spectrum of interested parties –...more

Interpreting clause 10.1 of the NEC to escape a time bar clause

by Dentons on

Relying on the role of “mutual trust”, “co-operation” and “good faith” to permit fair and equitable judgments is dangerous. It leads to uncertainty and opens the floodgates to pointless litigation....more

Part 1: Federal Government Contract Debriefings, The Ten Commandments, Nos. I - V

by Williams Mullen on

This blog post is titled “Part 1: Federal Government Contract Debriefings, The Ten Commandments, Nos. I - V.” Of course, these Ten Commandments are not handed down from on high. And they are not carved in stone. But they...more

Call for Tenders: Algeria's Renewable Energy Program Seeks 4,050 MW

by Jones Day on

The Algerian Program for the Development of New Renewable Energies ("Program") aims to produce 22,000 MW for the needs of the national market over a period extending from 2015 to 2035-2040. More than 4,000 MW are intended to...more

Breach of public procurement rules – damages and timing of challenge

by Allen & Overy LLP on

In Nuclear Decommissioning Authority v Energy Solutions EU Ltd [2017] UKSC 34, the Supreme Court ruled that a public authority’s breach must be sufficiently serious under both UK and EU public procurement laws for a...more

Protecting Privilege In FCA Cases From Start To Finish

The False Claims Act has been a hot area of litigation for years, and current statistics signal that this trend will not end any time soon. With lucrative rewards for whistleblowers and the possibility of treble damages and...more

New Belgian public procurement directives implemented

by DLA Piper on

In view of the implementation of the new public procurement Directives, the Belgian government enacted the Royal Decree of 18 April 2017 on public procurement in the classic sectors as published in the Belgian State Gazette...more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

by Perkins Coie on

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of...more

The first amendment to Italian Public Contracts Code (Italian)

by Dentons on

Since one year from the coming into effect of the Legislative Decree no. 50/2016 adopted by the Italian Government to implement the European Directives no. 2014/23/EU, 2014/24/EU and 2014/25/EU (known as the “New Public...more

The first amendment to Italian Public Contracts Code

by Dentons on

Since one year from the coming into effect of the Legislative Decree no. 50/2016 adopted by the Italian Government to implement the European Directives no. 2014/23/EU, 2014/24/EU and 2014/25/EU (known as the “New Public...more

Procurement Pulse - May 2017

by DLA Piper on

Some interesting new developments in procurement law this month. Whilst the case has now been settled and is the subject of an independent enquiry, we report on the Supreme Court's final ruling on the Energy Solutions case,...more

Keeping the Facuet Open: The Implications of Brexit for European Public Procurement

The implications of Britain’s decision in June 2016 to leave the EU are gradually becoming clearer. In the area of government procurement, a paper by the European Parliament has highlighted the various models available to UK...more

Brexit: Will UK companies be debarred from EU public contracts?

by DLA Piper on

Recent headlines ("Macron wants British firms frozen out of EU contracts (£)") could have caused a few CEOs to splutter over their cornflakes or croissants. Such a move would provoke a tit-for-tat battle that would impact...more

UK Supreme Court to Contractors: Are You Serious?

The UK Supreme Court has ruled that the damages remedy available to aggrieved government contractors under the EU procurement regime is only available if an authority breach is sufficiently serious. The decision will add an...more

Entry into force of the new rules on public procurement in Belgium

by DLA Piper on

On 28 March 2014, the new European legislative framework with regard to public procurement was published in the Official Journal of the European Union. The framework consists of Directive 2014/23/EU on the award of concession...more

The Buy American and Hire American Executive Order: What It Means For Supply Chain Management

by Jones Day on

In our December 2016 Commentary on the "Government Contracts Ramifications of the Trump Election" and our January 2017 update, we predicted that the Trump Administration would seek to strengthen domestic preferences in...more

Preparation Is Key to Post-Award Debriefing for Government Contracts

by Pepper Hamilton LLP on

The primary goal of offerors’ requesting a debriefing after a government contract is awarded is to learn what they can do to make their proposals more attractive for future procurements. Even the winning proposal is likely...more

UK Proposal for Register of Foreign Beneficial Ownership of Real Estate Continues Global Trend Toward Transparency

On 5 April 2017, the UK Department for Business, Energy & Industrial Strategy (the “Department”) issued a call for evidence (the “proposal”) for a public register (the “foreign ownership register”) which would contain...more

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