Topic Archives: International Public Procurement

Are Foreign Employees Included in Calculating Size for PPP’s 500-Employee Size Standard? New Guidance Makes the Answer Unclear

Updated May 18, 2020 As many companies are likely aware by now, Small Business Administration (SBA) loans under the Paycheck Protection Program (PPP) provide aid to qualifying small businesses in the form of loans with terms favorable to borrowers, including, in particular, provisions that allow potentially the entire loan amount to be forgiven if the ...›

Intellectual Property
February 19, 2020International Public Procurement

The Government Contractor: Here Is How You Actually Negotiate IP Rights In Other Transactions

Although there is great deal being written these days about DOD’s increasing use of Other Transactions “OTs”, no one explains how you actually negotiate OT terms and conditions, particularly the intellectual property clauses that are the most troublesome for contractors.  Jay DeVecchio fixes that, by describing how to prepare and to negotiate key IP clauses.  ...›

International

South Korean Fuel Contractors Agree to $236 Million Settlement for Role in Bid-Rigging Scheme

Antitrust Division Renews Focus on Seeking Civil Damages for Antitrust Violations Harming Government On November 14, 2018, the U.S. Department of Justice’s Antitrust Division (the “Division”) announced global settlements with three South Korea–based fuel companies for their role in a decade-long bid-rigging conspiracy that targeted fuel-supply contracts to U.S. military forces in South Korea. The ...›

International
January 10, 2018International Public Procurement

New Procurement Threshold Values Apply Across Europe from January 1, 2018

Every two years, the European Union updates the threshold values that trigger the need for a regulated public procurement exercise across Europe.  The financial thresholds effective from January 1, 2018 have now been published. A series of three European Commission regulations published on December 18, 2017 amend the existing European directives that set out the ...›

International

Mandatory Changes Proposed to UK Government Contracts’ Data Privacy Terms

The UK government has announced that it intends to write to all government contractors in order to make unilateral changes to all UK government contracts to comply with impending changes in EU data privacy law. It’s not clear how the UK government intends to implement these contractual changes given that, in almost every case, the ...›

International

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 extra step for complaining tenderers in Europe: not only must they prove that a breach of the procurement rules occurred ...›

International

“Reciprocity Rules” – Germany, France and Italy Initiate Debate About EU-Wide Restrictions on Foreign Investment and Access to Government Contracts

The ministers of economy for three European Union (EU) and Eurozone members—Germany, France and Italy—in a joint proposal addressed to the EU Commissioner for Trade Cecilia Malmström are putting “proposals for ensuring an improved level playing field in trade and investment” on the EU Commission’s agenda. In their joint letter, the three ministers stress that ...›