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Government Procurement

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On September 14, 2020, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a proposed rule [FAR Case 2019-016; Docket No. FAR-2019-0016, Sequence No. 1] to amend the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13881 Maximizing Use of American-Made Goods, Products, and Materials (84 FR 34257, July 18, 2019) addressing domestic preferences in Government procurement. E.O. 13881, changes FAR clauses…

On 9 September 2020, the Department for International Trade (DIT) announced that the UK has taken a major step in the process of joining CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership), one of the world’s largest and most dynamic free trade areas. The press release stated in part: International Trade Secretary, Liz Truss, alongside the current chair of the CPTPP Commission, Mexican Economy Minister Graciela Márquez, opened discussions between senior UK trade officials and…

The Office of the United States Trade Representative (USTR), through the Trade Policy Staff Committee (TPSC), publishes the National Trade Estimate Report on Foreign Trade Barriers (NTE Report) each year. On September 10, 2020, USTR published in the Federal Register a notice [Docket Number USTR–2020–0034] that invites comments to assist it and the TPSC in identifying significant barriers to US exports of goods and services, U.S. foreign direct investment, and the protection and enforcement of…

On July 14, 2020, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register an interim rule [FAC 2020-08; FAR Case 2019-009; Docket No. FAR-2019-0009, Sequence No. 1] that amends the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232) (“the Act”). Paragraph (a)(1)(B) of section 889…

On July 10, 2020, the Office of the United States Trade Representative (USTR) will publish in the Federal Register a notice of product exclusions from the action involving imposition of 15% additional duties (lowered to 7.5% on January 22, 2020) on approximately $300Bn in Chinese products. The USTR initiated a product exclusion process in October 2019, and interested persons have submitted requests for the exclusion of specific products. This notice announces USTR’s determination to grant…

On July 8, 2020, the Hacienda published in the Diario Oficial (Official Gazette) the Circular Letter informing the agencies and their decentralized administrative bodies, the parastatal entities of the Parastatal Public Administration, as well as the Attorney General of the Republic subject to the coverage of the Free Trade Agreement indicated, the conversion into national currency for the second semester of 2020 with effect from July 1 to December 31, 2020, in accordance with the…

The President of the Authority of Regulation of Public Procurement Contracts (Autorité de Régulation des Marchés Publics – ARMP) calls certain contracting authorities to order in the circular of 13 March 2020 clarifying the procedures for awarding public contracts that do not require pre-qualification. Click here to read more. [This article originally appeared in Baker McKenzie’s Francophone Africa Newsletter.] Contacts, Richard Mugni, Fabien Hecquet, Marilyn Batonga, Celine Van Zeebroeck and Keltoum Boudribila.

The WTO announced that on 18 May 2020, the WTO Committee on Government Procurement received Brazil’s bid to start negotiations on joining the Government Procurement Agreement (GPA). Brazil said it would circulate the necessary accession documents as soon as the COVID-19 situation allows it. The announcement said, in part: In its statement, Brazil said that it hopes to present its initial market access offer and to reply to a checklist of issues about its government procurement…

On February 14, 2020, the Department of State published in the Federal Register a notice [Public Notice: 11034] that measures imposed pursuant to Section 3 of the Iran, North Korea, and Syria Nonproliferation Act (the Act) described in this notice against 13 persons went into effect February 3, 2020. A determination has been made that a number of foreign persons have engaged in activities that warrant the imposition of measures pursuant to Section 3 of…

On January 29, 2020, President Trump signed H.R. 5430, the “United States-Mexico-Canada Agreement Implementation Act,” which implements the United States-Mexico-Canada Agreement (USMCA). The USMCA is a revised and updated agreement to replace the North American Free Trade Agreement (NAFTA). The USMCA Implementation Act was approved on January 16, 2020, the in the US Senate by a vote of 89-10, sending it to the President. The House of Representatives had approved the bill on December 19,…