Foreign Governments Join the Commercial Item Party
Client Alert | less than 1 min read | 05.20.19
On May 9, 2019, the FAR Council issued a proposed rule, which would amend the “nondevelopmental item” prong of the commercial item definition to include competitive sales to “multiple foreign governments” (in addition to sales to state and local governments, which the definition already includes). Comments on the proposed rule, which implements Section 847 of the National Defense Authorization Act for Fiscal Year 2018, are due July 9, 2019.
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Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
GAO’s recent dismissal of the protest in Tyonek Technical Innovations, LLC, B-424364, B-424364.2, June 30, 2026, carries an important lesson for government contractors: if you believe solicitation terms conflict with a statute or regulation, you must raise that challenge before proposals are due—not during discussions or afterwards.
Client Alert | 3 min read | 07.23.26
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
