DE Under 3: President Biden Issued "Modernizing Regulatory Review" Executive Order
What Does the Infrastructure & Investment Act Mean for U.S. DOT’s Build America Bureau? A Conversation with Executive Director Dr. Morteza Farajian
Williams Mullen's COVID-19 Comeback Plan: Part I – Doing Business With the Commonwealth of Virginia
[WEBINAR] Developing FEMA Compliant Procurement Procedures
The Benefits of Commercial Item Contracting
The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more
When we talk about defense related procurement, we're referring to defense and security contracts which are public contracts. Defense procurement reform has been a significant topic on the House of Commons agenda for...more
The landscape of public procurement in the United Kingdom is primed for a significant shift in 2024 following the introduction of the Procurement Act 2023, which received Royal Assent earlier in 2023. The act, which comes...more
An article on NEC's practice note explaining how the NEC4 Engineering and Construction Contract can be adapted for use as an engineering procurement and construction (EPC) contract. NEC has recently published a practice...more
A recent Technology & Construction Court’s judgment considers the procedural time limits that apply in procurement litigation. The question of timing in bringing a claim in procurement challenges is not straightforward,...more
The UK Government has published a draft ‘failure to prevent fraud’ corporate criminal offence rendering large companies liable for fraud committed by their associates. We consider the draft offence and implications for...more
The UK is pressing ahead with a reform to its government procurement laws that will diverge from the harmonized EU procurement regime that applied in the UK pre-Brexit. The proposals are intended to create a more transparent...more
Business and human rights is continuing its steady march toward becoming a business imperative. There are sweeping new or proposed laws focused on human rights, such as the EU’s Proposal for a Directive on Corporate...more
On 11 May 2022, the keenly awaited Procurement Bill (announced in the Queen’s Speech) was formally introduced to the House of Lords and received its first reading. Running to 122 pages (and comprising 116 sections...more
In this BCLP Insight, Kim Roberts and Freya Scott take a closer look at the King’s College report, “Procuring Net Zero Construction”, based on research led by Professor David Mosey, Darya Bahram, Dr Roxana Vornicu and Dr...more
On 16 December 2021, the PFI Centre of Excellence issued its Phase 1 PFI Expiry Health and Learnings Report. In this BCLP Insight, Jennifer Varley considers how these development areas may impact both the public and private...more
On 9 December, to mark International Anti-Corruption Day, the OECD launched the snappily-named 2021 Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions (“the...more
The rail sector in Great Britain is about to experience the most significant structural change since privatisation. The Government is abandoning the current franchise-based model, in favour of a new “Passenger Rail Contract”...more
On 14 June 2021, the Privy Council of the United Kingdom (“Privy Council”) handed down judgment in Betamax Ltd (“Betamax”) v State Trading Corporation (Mauritius) (“STC”). The judgment provides important guidance on the...more
The UK government has looked at this question in The Social Value Model and Guide to Using the Social Value Model.We refer to these together below as “the Guidance”. We have commented before on the Social Value Act - here....more
The UK Government has proposed changes to the procurement regime for public sector contracts in the UK. The proposals mark a radical divergence from the European procurement regimes post Brexit. The proposals are set out in a...more
Brexit finally became a reality on 31 December 2020, as the UK reached the end of the agreed Transition Period after the UK’s departure from the EU. The UK government has heralded Brexit as a “historic opportunity to...more
The UK government published a Green Paper on December 15 that includes proposals to shape the future of public procurement in the United Kingdom by speeding up and simplifying public sector procurement processes....more
In the UK “Government spends £284 billion a year on buying goods and services from external suppliers. This amounts to around a third of all public expenditure. The money is spent on everything from goods such as stationery...more
EU, UK Competition, State Aid and Public Procurement Law During COVID-19 - While not the most important concern, it should be appreciated that antitrust/competition law, plus the state aid (subsidy) and public procurement...more
On 17 July 2020, a three-year Deferred Prosecution Agreement (DPA) between the Serious Fraud Office (SFO) and G4S Care & Justice Services (UK) Ltd (G4S) was approved. This DPA is the second arising from fraudulent conduct in...more
On 9th June the Cabinet Office released its latest procurement guidance to Contracting Authorities dealing with Covid-19 issues in their supply chain. PPN 04/20 is the follow up to PPN 02/20; which urged Contracting...more
Public sector bodies of all types in the EU and UK are scrambling to acquire a range of goods, services and infrastructure as the COVID-19 pandemic unfolds. Many of these purchases are subject to the public procurement rules,...more
Amending standard forms of construction and engineering contracts to change the risk level between the parties is a perennial issue. This, however, can lead to disputes due to amendments not clearly reflecting the intention...more
The Federal Circuit Court of Appeals has just rejected the longstanding U.S. government position that the country of origin of pharmaceuticals in the context of U.S. government procurement is determined by where the active...more