GSA Proposes to Codify Override of Some Commercial Terms
Client Alert | 1 min read | 06.07.16
GSA issued a proposed rule to amend its acquisition regulation to make unenforceable certain common commercial supplier agreement (CSA) terms, a follow-up to the class deviation (discussed here) released last year. While some of the common commercial terms targeted arguably are, as GSA asserts, inconsistent or create ambiguity with federal law (e.g., provisions imposing non-federal law, arbitration provisions, and indemnification provisions), some likely are not (e.g., provisions giving precedence to government terms, placing restrictions on unilateral termination for breach, and requiring the contractor to provide the text of terms incorporated by reference).
Insights
Client Alert | 1 min read | 01.10.25
FAR Council Withdraws Proposed Mandatory Climate Disclosures for Federal Contractor Rule
Mandatory climate disclosures for US federal contractors are officially off the table—at least, for the foreseeable future. On January 10, 2025, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced that they are withdrawing a proposed rule, “Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk,” which would have required thousands of federal contractors to inventory and publicly disclose their Scope 1 and Scope 2 greenhouse gas (GHG) emissions and would also have required “major” contractors to also establish and validate GHG emission-reduction targets tailored to the goals of the Paris Agreement. The proposed rule, discussed in further detail here, was introduced in November 2022 and resulted in thousands of public comments from the government contractor community and beyond.
Client Alert | 7 min read | 01.10.25
New Draft Guidance From FDA Explains When an Accelerated Approval Trial Is “Underway”
Client Alert | 11 min read | 01.10.25
Client Alert | 7 min read | 01.09.25
Navigating Disputes on Megaprojects Amid Trump Tariffs - Part 2
