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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 | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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