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NASA Pushes FAR, Far Away for Commercial Crew Program

Client Alert | less than 1 min read | 12.29.11

In a recent report, GAO questioned whether NASA could ensure adequate price competition using a FAR-based acquisition approach for its Commercial Crew Program because, according to the GAO, substantially reduced funding would jeopardize NASA’s plan to award multiple contracts for the program’s integrated design phase.  NASA concurred, and on December 15, 2011, announced that it would abandon using FAR-based contracting for the next stage of the program and instead would rely on “multiple, competitively awarded Space Act Agreements” to foster competition and give NASA “the flexibility to adjust technical direction, milestones and funding” in order to decrease reliance on foreign governments for sending Americans into space.

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Client Alert | 5 min read | 09.21.26

Congressional Letter Puts Spotlight on Unenforceable Secrecy Demands in Federal Subpoenas

When federal law enforcement agencies issue subpoenas to companies for information about their customers, the subpoenas or cover letters often contain boilerplate nondisclosure language. This language generally directs companies not to notify those customers and implies that there may be legal consequences for doing so. But as two lawmakers recently called out in a formal letter to the U.S. Supreme Court and the U.S. Government Accountability Office (GAO), this boilerplate language may not carry the force of law....