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.
Contacts
Insights
Client Alert | 6 min read | 05.12.26
EU Pharma Package: Advertising Compromise Proposal
In our ninth alert in this EU Pharma Package Series, we discussed the proposals of the Commission, Council, and Parliament with respect to advertising of medicinal products.
Client Alert | 5 min read | 05.12.26
NYDFS Ramps Up Health Care Cybersecurity Enforcement With $2.25 Million Settlement
Client Alert | 4 min read | 05.12.26
Client Alert | 6 min read | 05.11.26
FDA’s AI in Early Phase Clinical Trials RFI: An Opportunity to Help Set the Rules of the Road
