1. Home
  2. |Insights
  3. |No Preferential T&C's Mods Allowed for Commercial Item Buys

No Preferential T&C's Mods Allowed for Commercial Item Buys

Client Alert | less than 1 min read | 06.20.11

In Diebold, Inc. (June 2, 2011), GAO sustained a protest when the Comptroller of the Currency had substituted new terms and conditions beneficial to the awardee into a commercial items contract that were not part of the underlying solicitation. While GAO agreed that FAR § 12.302(a) gives an agency discretion to tailor the terms of FAR Clause 52.212-4 to the market practices and conditions for a particular commercial item acquisition, it instructed that all offerors must compete on a common basis against the agency's true needs and so "tailoring" of the terms must occur prior to the submission of final proposals.

Insights

Client Alert | 6 min read | 07.17.25

Code of Practice for General-Purpose AI Models Published: Compliance Just Got Clearer (Participation Still Optional)

On 11 July 2025, the European Commission published the final version of its Code of Practice for General-Purpose Artificial Intelligence (GPAI). This Code is meant to serve as a tool for GPAI model providers, helping them to comply with the transparency, copyright and security provisions governing general-purpose AI models as set out in the AI Act (arts. 53 and 55), which will become applicable on 2 August 2025. Adherence to the Code is on a voluntary basis....