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1.
What statutes or regulations govern procurement of defence and security articles?
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2.
How are defence and security procurements identified as such and are they treated differently from civil procurements?
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3.
How are defence and security procurements typically conducted?
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4.
Are there significant proposals pending to change the defence and security procurement process?
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5.
Are there different or additional procurement rules for information technology versus non-IT goods and services?
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6.
Are most defence and security procurements conducted in accordance with the GPA or other treaty-based procurement rules, or does this jurisdiction commonly use the national security exemption to procure them?
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7.
How are disputes between the government and defence contractor resolved?
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8.
To what extent is alternative dispute resolution used to resolve conflicts? What is typical for this jurisdiction?
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9.
What limits exist on the government’s ability to indemnify the contractor in this jurisdiction and must the contractor indemnify the government in a defence procurement?
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10.
Can the government agree to limit the contractor’s liability under the contract? Are there limits to the contractor’s potential recovery against the government for breach?
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11.
Is there risk of non-payment when the government enters into a contract but does not ensure there are adequate funds to meet the contractual obligations?
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12.
Under what circumstances must a contractor provide a parent guarantee?
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13.
Are there mandatory procurement clauses that must be included in a defence procurement contract or that will be read into the contract regardless of their actual inclusion?
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14.
How are costs allocated between the contractor and government within a contract?
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15.
What disclosures must the contractor make regarding its cost and pricing?
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16.
How are audits of defence and security procurements conducted in this jurisdiction?
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17.
Who gets the ownership rights to intellectual property created during performance of the contract? What licences are typically given and how?
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18.
Are there economic zones or other special programmes in this jurisdiction commonly utilised by foreign defence and security contractors for financial or other procurement related benefits?
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19.
Describe the process for forming legal entities, including joint ventures, in this jurisdiction.
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20.
Are there statutes or regulations enabling access to copies of government records? How does it work? Can one obtain versions of previous contracts?
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21.
What are the rules regarding eligible suppliers and supply chain management and anti-counterfeit parts for defence and security procurements?
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22.
What export controls limit international trade in defence and security articles? Who administers them?
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23.
What domestic preferences are applied to defence and security procurements? Can a foreign contractor bid on a procurement directly?
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24.
Are certain treaty partners treated more favourably?
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25.
Are there any boycotts, embargoes or other trade sanctions between this jurisdiction and others?
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26.
Are defence trade offsets part of this country’s defence and security procurement regime? How are they administered?
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27.
When and how may former government employees take up appointments in the private sector and vice versa?
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28.
How is domestic and foreign corruption addressed and what requirements are placed on contractors?
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29.
What are the registration requirements for lobbyists or commercial agents?
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30.
Are there limitations on the use of agents or representatives that earn a commission on the transaction?
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31.
How are aircraft converted from military to civil use, and vice versa?
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32.
What restrictions are there on manufacture and trade of unmanned aircraft systems or drones?
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33.
Which domestic labour and employment rules apply to foreign defence contractors?
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34.
Are there any specific rules that contractors, foreign or domestic, are bound by in defence contracts?
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35.
Do contractors avail themselves of these rules when they perform work exclusively outside of the jurisdiction?
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36.
Must directors, officers or employees of the contractor provide personal information or certify that they fulfil any particular requirements to contract with a government entity?
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37.
What registration or licensing requirements exist to operate in the defence and security sector in the jurisdiction?
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38.
What environmental statutes or regulations must contractors comply with?
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39.
Must companies meet environmental targets? What are these initiatives and what agency determines compliance?
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40.
Do ‘green’ solutions have an advantage in procurements?
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Updates and trends
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