Customary Commercial Practice Deserves Respect
Client Alert | less than 1 min read | 10.03.12
In Verizon Wireless (Sept. 17, 2012), GAO sustained a solicitation protest in a FAR Subpart 8.4 procurement for a blanket purchase agreement for wireless telecommunications devices and services off the Federal Supply Schedule when the agency had selected contract terms and conditions that were inconsistent with customary commercial practice in the industry. GAO concluded that the agency had failed to conduct the necessary market research to realize that the disputed terms were irregular and, thus, had failed to prepare the mandatory, documented determination of why it was necessary to deviate from normal commercial practice.
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Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
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