News & Analysis as of

Public Procurement Policies

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

Italy: Antitrust Infringements as a Ground for Exclusion From Participation in Public Procurement Procedures

by Shearman & Sterling LLP on

On 19 April 2016, legislative decree n. 50/2016 containing the new Italian Public Procurement Code (PPC) entered into force. The PPC aims to implement, among others, Directive 2014/24/EU which sets out, at Article 57, a...more

Procurement Pulse - April 2017

by DLA Piper on

Breach of the procurement rules raises the difficult dilemma of providing sufficient information to disaffected bidders to ensure that the playing field is as level as possible in terms of the information they have available...more

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more

EU Competition Newsletter - March 2017

by Bryan Cave on

What Future for EU Public Procurement Law in the UK After Brexit? Those aficionados of the silver screen will remember comedians Laurel and Hardy and in particular their catchphrase 'Well here's another nice mess you've...more

A Judicial Reinterpretation of the Brazilian Constitution’s Right to Health Care

by Ropes & Gray LLP on

In recent years, there has been a spike in right-to-health litigation in Brazil wherein citizens seek court orders mandating that certain medications be dispensed through the public health system (Sistema Único de...more

The UK and the World Trade Organization (WTO): What Happens After Brexit?

by White & Case LLP on

On 29 March 2017, the UK will formally trigger the Article 50 process to begin the negotiations for Brexit. If there is a 'hard Brexit' in 2019, the UK would trade with the EU – along with most of the rest of the world – on...more

Amendments to Japan's Renewable Energy Act

by Jones Day on

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?

by DLA Piper on

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

by DLA Piper on

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

by PilieroMazza PLLC on

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

by Bass, Berry & Sims PLC on

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

by Hogan Lovells on

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

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