News & Analysis as of

Procurement Guidelines

2018 NDAA Analysis: Acquisition Workforce Improvements

by Holland & Knight LLP on

This is the sixth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Chancery Denies Request For Injunctive Relief Regarding State Contract Award

by Fox Rothschild LLP on

The recent opinion of Protech Solutions, Inc. v. The Delaware Department of Health and Human Services, C.A. No. 2017-0642-TMR (Del. Ch. Nov. 30, 2017) sets forth a helpful roadmap in terms of the Court’s determination of...more

More Coffee Please: CBP Rules That Coffee’s Country Of Origin Is Determined By Where Beans Are Roasted — Not Where Raw Beans...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: U.S. Customs & Border Protection recently issued a Final Determination that the coffee roasting process “substantially transforms” raw coffee for purposes of country-of-origin determinations and U.S....more

Surprise, Surprise, Congress Does Listen — Well, Kind Of - An Analysis of NDAA Section 846’s Online Marketplace Provisions

An Analysis of NDAA Section 846’s Online Marketplace Provisions - There has been a lot of speculation about the future of commercial items purchasing within the federal Government since Representative Mac Thornberry...more

P3 Legislative Update

by Bilzin Sumberg on

Legislators at both the state and local level have been busy introducing and considering new legislation that could impact the government procurement process and public/private partnerships. These new provisions will...more

UK Takes Steps to Prepare for Post-Brexit Trade Policy

The government draws closer to establishing the legislation that will be needed after Brexit with the introduction of a new Trade Bill. The Trade Bill has received a first hearing in parliament, but not been debated at...more

COSO Framework: Fraud, Corruption and Compliance (Part I of II)

by Michael Volkov on

Global companies need to actively work to prevent fraud and corruption. Fraud and corruption go hand-in-hand. To commit bribery, bad actors have to gain access to money for unauthorized (illegal) purposes. A failure to...more

Allocation of Risk in Construction Contracts

by White & Case LLP on

Risk in construction contracts - ‘Risk’, in a project delivery context, can be defined as ‘an event or set of circumstances that,should it occur, will have an effect on the achievement of the project’s objectives’. Risk...more

Bid Protests in Colorado: Important New Changes

Colorado recently overhauled its Procurement Code. The legislature changed rules governing bid protests of state-funded procurements. We offer a user-friendly overview of the “new” Colorado bid protest process in this blog...more

FY 2018 Forecasts: Items of Interest in Contracting, Small Business, and M&A

In the final post of our 2018 Fiscal Year Forecast series, Kevin Mullen and Damien Specht focus on the use of Low Price Technically Acceptable (LPTA) contracts, the mounting backlog of security clearance applications, the...more

Illinois Renewable Resources Procurement Plan Aims to Boost Renewable Energy Development

by McDermott Will & Emery on

On September 29, 2017, the Illinois Power Agency (IPA) released its Long-Term Renewable Resources Procurement Plan (Plan) to implement renewable energy goals set forth in Illinois’s Future Energy Jobs Act, which went into...more

Rajen Ranchhoojee on the Potential Renegotiation of Tariffs Under South Africa's REIPPP Program

Rajen Ranchhoojee, Special Legal Counsel in Orrick’s Washington, D.C. office, recently spoke with inspiratia [subscription required] regarding news that the South African government may attempt to renegotiate tariffs for the...more

Illinois Power Agency Estimates More Than $650 Million Available for Renewable Energy Credit Purchases from New Projects Through...

by Bryan Cave on

On September 29, 2017, the Illinois Power Agency (IPA) released for public comment its initial draft Long Term Renewable Resources Procurement Plan (LTRRP) for Renewable Energy Credits (RECs) pursuant to the Illinois Future...more

Navigating the State and Local Public Procurement Process in Virginia

by Williams Mullen on

If your company has a contract (or hopes to win a contract) with a public body in the Commonwealth of Virginia, then you likely are aware of the dominant role the Virginia Public Procurement Act (VPPA) will play in the public...more

Solar Power International 2017 Soundbites

Below are soundbites from panel discussions at Solar Power International in Las Vegas on September 11 and 12. The soundbites are organized by topic, rather than in chronological order, and were prepared without the benefit of...more

[Event] Selling Unmanned Systems Products and Services to Federal, State and Local Government Agencies - November 15th, Tysons, VA

by Williams Mullen on

Williams Mullen is hosting a seminar on “Selling Unmanned Systems Products and Services to Federal, State and Local Government Agencies” from 8:00 – 11:00 a.m. on November 15, 2017 at the Tower Club in Tysons, VA to help...more

Arkansas Asbestos Abatement Grant Program: Arkansas Department of Environmental Quality Seeks Public Comment on...

The Arkansas Department of Environmental Quality (“ADEQ”) issued, pursuant to its Arkansas Asbestos Abatement Grant Program (“Program”), a Procedures and Applicant Guide (“Guide”). ADEQ is soliciting comments on the Guide...more

The OIG issues dozens of new audit reports

by Ballard Spahr LLP on

Just in time for the end of the federal fiscal year (September 30), the HUD Office of Inspector General (OIG) issued a flurry of internal and external audit reports over the last few weeks on a wide variety of topics....more

Los cambios propuestos en las regulaciones de adquisiciones pueden facilitar las P3

by Bilzin Sumberg on

El condado de Miami-Dade, la jurisdicción más grande del sur de la Florida, está evaluando actualmente asociaciones público-privadas (P3) para varios proyectos de infraestructura importantes. Estos incluyen mejoras...more

Selling Unmanned Systems Products and Services to the Government

by Williams Mullen on

The government’s role with respect to the non-military use of unmanned systems (air, ground and maritime) primarily has been that of a regulator. However, the use of unmanned aircraft systems by federal, state and local...more

A Square Peg in a Round Hole – The GAO Sustains a Challenge to an Award That Includes Services Not Included in a GSA Schedule...

by Williams Mullen on

GSA’s Federal Supply Schedule program intends to provide a simplified process for agencies to procure supplies and services, while leveraging the terms and pricing of the commercial marketplace, as well as the Federal...more

Unavailability of key personnel: a growing protest risk

by DLA Piper on

A recent decision from the US Government Accountability Office (GAO) confirms that an offeror may be excluded from a competition if an employee proposed as "Key Personnel" becomes unavailable before award....more

Proposed Changes to Procurement Regulations May Facilitate P3s

by Bilzin Sumberg on

Miami-Dade County, the largest jurisdiction in South Florida, is currently evaluating public-private partnerships (P3s) for several major infrastructure projects. These include multi-billion-dollar upgrades to the County’s...more

Mitigating Supply Chain Risk: Effective Transportation and Logistics Provider Diligence and Management Practices

by Benesch on

Every day, supply chain managers and logistics coordinators navigate a world of risk. Those risks include interruption due to delay, the damage, contamination, or loss of goods, customer service failures, and even regulatory...more

Substantively Non-Protestable Issues (Post-Award Protest Primer #8)

In our last post, we discussed a few procedural rules that can exclude an otherwise meritorious ground from protest. There are also a number of substantive issues that the GAO’s rules exclude from review. See 4 C.F.R. §...more

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