Public Procurement Policies

News & Analysis as of

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

The Public-Private Partnership Law Review: France

In France, public-private partnerships (PPPs) are implemented in many economic sectors (e.g., transport, health, justice, education, urban equipment, environment, energy efficiency, telecommunications and culture) for more...more

Top Ten International Anti-Corruption Developments for August 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

New Public Procurement Restrictions

On 15 September 2016, the President of Azerbaijan signed a new Decree “On Additional Measures on Increasing the Efficiency of Executive Authorities and Organizations Funded from the State Budget” (the “New Decree”), which set...more

New Opportunities For All: SBA Expands The Small Business Mentor-Protégé Programs

On July 25, 2016, the Small Business Administration (“SBA”) released a much-anticipated Small Business Mentor Protégé Programs Final Rule that created a new expanded mentor-protégé program, modeled on the existing 8(a)...more

Government Contracts Legislative and Regulatory Update - August 2016

We are pleased to offer you the inaugural issue of our newsletter, "Government Contracts Legislative and Regulatory Update." Our aim is to keep you up-to-date on legislative and regulatory ?changes relevant to government...more

Trion Farmout

On July 28, 2016, the Mexican National Hydrocarbons Commission ("CNH") published a call for tenders and the corresponding bid guidelines (the "Bid Guidelines") for the International Public Tender CNH-A1-Trion/2016 process, to...more

Brexit Board Briefing

The world is awash with uncertainty about Brexit. We imagine that you, like most, are sorting through it all. Pillsbury is here to help. Our dedicated Brexit Team is monitoring developments and weighing the legal risks and...more

CEO of World Trade Center contractor found guilty of fraud by misstating compliance with Port Authority’s minority- and...

Public entities at the Federal, state, and local levels set aside contracting opportunities, provide preferential price treatment, or otherwise grant favorable treatment to contractors (1) owned by veterans, women,...more

The SBEEA: Register of Significant Beneficial Ownership

The SBEEA (Part I: People with Significant Control) - Against the backdrop of an increasing push for greater transparency of company ownership, the Small Business Enterprise and Employment Act 2015 (“SBEEA“) took effect on 6...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

Elevating Form Over Substance: OCI Waiver Challenges at GAO

The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver...more

Missouri Supreme Court Allows Unsuccessful Contract Bidders to Sue Public Agencies

A recent Missouri Supreme Court decision changes the landscape of public contracting in the state by allowing unsuccessful contract bidders to sue public agencies for denying them a fair and equal opportunity to compete. The...more

Brexit: Construction issues for consideration

Summary – the key things you need to know - - The construction industry relies on a steady flow of investment to keep the cash flow wheels turning. Uncertainty about how the mechanics of a Brexit will work and the...more

Public Works Slowdown Following Implementation of the New Italian Public Procurement Code

The Italian Government definitively approved Legislative Decree no. 50 in April this year, implementing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and European Council. The revised legislation...more

Utilities contracts following a change of law in Poland

On July 28, 2016, a far-reaching amendment to the Public Procurement Law (PPL) takes effect. The amendment implements into Polish law the provisions of new EU directives that coordinate the rules for awarding public...more

The Trans-Pacific Partnership Series - Navigating a new era of trade in the Pacific-Rim

The Trans-Pacific Partnership (TPP) presents enormous opportunity for members of the infrastructure and construction sector to grow and diversify, both domestically and globally. In this Part 2 of our two-part series on the...more

GAO Tackles Cybersecurity

In two recent decisions, GAO denied protest grounds challenging the ability of contract awardees to satisfy government requirements related to cybersecurity. This posting analyzes those decisions and their implications for...more

New Qatar Public Procurement Law

Last week the State of Qatar implemented a new public procurement law. The new law further aligns Qatar's public procurement laws with international best practice and should streamline public procurement in Qatar....more

Romanian Legal Update: New package of laws on public procurement and concessions

Law 98/2016 regarding public procurement - Law 98/2006 is the core law of the new package of four laws regarding the public procurement framework in Romania and transposing EU Directive 2014/24/EU. It sets out the main...more

Brexit Headline Checklist

This checklist is designed to set out some of the key questions which businesses will need to consider in their initial planning phase as they evaluate their existing structures and operations and the potential impact of...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

A few questions about Implementation of the EU public procurement directives

The public procurement market in the EU is huge. Every year more than a quarter of a million public institutions and authorities in the EU spend around 14% of GNP on acquiring services, construction works and goods of all...more

Gli Affidamenti Diretti Nel Nuovo Codice

The National Anti-Corruption Authority ("ANAC") has recently published the guide lines regarding the "Procedures for the award of public contracts amount lower than the Community thresholds, market surveys and training and...more

Romanian Legal Update: New Package Of Laws On Public Procurement And Concessions Enters Into Force In Romania

Public procurement and concessions will be regulated by four new laws, namely (i) the public procurement law, (ii) the sectorial public procurement law, (iii) the concessions law and (iv) the law on remedies (the New Laws)....more

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