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FAR Council Introduces Limits on the Single-Offer Adequate Price Competition Exception

Client Alert | 1 min read | 07.01.19

On June 12, 2019, the FAR Council issued a final rule amending the FAR to address an exception from certified cost or pricing data requirements when price is based on adequate competition.  In particular, the final rule amends the definition of “adequate price competition” in FAR 15.403-1(c) for submission of certified cost or pricing data to DoD, NASA, and the Coast Guard so that the adequate price competition exception now applies only when “two or more responsible offerors, competing independently, submit priced offers that satisfy the Government’s expressed requirement.”  This means that if only one offer is received, even if submitted with the expectation of competition, the exception no longer applies.  For all other agencies, the exception still applies even when only one offer is received, provided there is a reasonable expectation that two or more responsible offerors would submit offers, or price analysis demonstrates that the proposed price is reasonable.  Though this rule represents a change to the FAR, we note that a similar rule has existed in the Defense Federal Acquisition Regulation Supplement at 215.371-3 for a number of years.

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Client Alert | 2 min read | 01.31.25

California Law Revision Commission Votes To Propose Expansive Changes to California’s Antitrust Laws

Over the last year, the California Law Revision Commission (“CLRC”), the influential body that makes recommendations to the legislature, has been considering sweeping reforms to California’s antitrust law, the Cartwright Act. Recently, the CLRC voted to propose several changes to the Cartwright Act aimed at expanding the reach and scope of the law. Companies doing business in California should pay close attention to this ongoing process because of the potentially dramatic impact such new state laws could have, including increased exposure to antitrust litigation. Crowell & Moring is representing the California Chamber of Commerce (“CalChamber”) in monitoring, analyzing and responding to the CLRC’s recommendations....