The US is generally pretty keen on international free trade agreements. And why shouldn’t it be? After all, free trade agreements have the ability to open up foreign markets to US goods and services, allowing new and expanding opportunities for US companies. But “free trade” does not always mean “free trade” – it usually means “free-er trade, subject to numerous exceptions,” with the exceptions proving a constant irritant to our free trade partners. Case in point: two recent events – one in the European Union and one in Canada – demonstrate that “free trade” (subject to numerous caveats) is still a bone of contention, even among long-established trading partners. While “free-est trade” may be too much to ask for, maybe “free-er trade” with fewer strings attached would at least be a step in the right direction.
Continue Reading Free(er?) Trade – US, EU and Canada Quibble Over Market Access and Domestic Preferences

A year ago, we advised our readers of the interim rule intended to emphasize competition under GSA Federal Supply Schedule (“FSS”) contracts and FSS Blanket Purchase Agreements (“BPAs”) here. To recap, the March 2011 interim rule imposed a requirement for varying degrees of competition for orders above the FAR’s $3,000 Micropurchase Threshold depending on the type of order being placed (i.e., with or without a statement of work (“SOW”) or placed under a multiple award BPA). The final rule becomes effective April 2, 2012.
Continue Reading MAS March Madness 2012: Final Rule for Increased Competition in MAS/BPA Orders

On March 16, 2011, the FAR Councils, heeding Congress’ mandate in Section 863 of the 2009 Defense Authorization Act, published an interim rule intending to ramp up competition for orders placed under GSA Federal Supply Schedule (“FSS”) contracts and FSS Blanket Purchase Agreements (“BPA”). The new rules, which apply to all federal agencies as of May 16, 2011, instill varying degrees of competition to orders above the FAR’s $3,000 Micropurchase Threshold depending on the type of order being placed (i.e., with or without a statement of work (“SOW”) or placed under a multiple award BPA). The attached matrix, prepared by Jonathan Aronie, co-author with John Chierichella of the GSA Schedule Handbook (West 2010), provides a useful summary of the new rules.
Continue Reading MAS March Madness: Increased Competition In Multiple Award Schedule Orders