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GSA Class Deviation Takes Aim at Commercial Terms

Client Alert | 1 min read | 08.26.15

As reported by the Coalition of Government Procurement, GSA recently released a final version of the class deviation it previewed in March that purports to eliminate commercial terms that are inconsistent with federal law. Among other changes, the deviation (1) revises the order of precedence to give solicitation provisions precedence over commercial provisions; (2) rewrites commercial supplier agreement dispute resolution, automatic renewal, and audit right provisions; and (3) places limits on the use and applicability of click-wrap and other comparable commercial contract execution mechanisms.


Insights

Client Alert | 2 min read | 12.19.25

GAO Cautions Agencies—Over-Redact at Your Own Peril

Bid protest practitioners in recent years have witnessed agencies’ increasing efforts to limit the production of documents and information in response to Government Accountability Office (GAO) bid protests—often will little pushback from GAO. This practice has underscored the notable difference in the scope of bid protest records before GAO versus the Court of Federal Claims. However, in Tiger Natural Gas, Inc., B-423744, Dec. 10, 2025, 2025 CPD ¶ __, GAO made clear that there are limits to the scope of redactions, and GAO will sustain a protest where there is insufficient evidence that the agency’s actions were reasonable....