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Base And Option Years Unit Pricing Not Releasable Under FOIA

Client Alert | 1 min read | 09.29.06

In Canadian Commercial Corp. v. Dept. of Air Force, Judge Bates, despite rejecting the contractor's argument that the disclosure of the base and option year prices would likely cause substantial competitive harm in future procurements, reversed the Air Force's decisions to release that data from its contract for the maintenance and repair of J85 turbojet engines. The court found that the pricing information was involuntarily submitted but that substantial competitive harm would result from the release of all but the labor rates for the over and above work, based solely on the conclusion that the release would harm the contractor by providing its competitors information that they could use to convince the Air Force not to exercise the contract options.

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Client Alert | 2 min read | 12.29.25

FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company

GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors.  Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements.  But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule. ...