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.
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Client Alert | 3 min read | 11.04.26
CMS Proposal Would Overhaul Eligibility Rules for ACA Exchanges
The Centers for Medicare and Medicaid Services (CMS) is proposing significant changes to the way Affordable Care Act (ACA) health insurance exchanges verify consumer eligibility before federal subsidies are made available.
Client Alert | 7 min read | 11.02.26
Client Alert | 4 min read | 10.30.26
