Rare Decision about Pricing Interorganizational Transfers
Client Alert | 1 min read | 02.14.17
In rare litigation over the pricing of items transferred between a contractor’s commonly controlled subdivisions, C&M successfully appealed a Contracting Officer’s refusal to pay commercial prices for materials a contractor had transferred between its business units. In A-T Solutions, Inc. (ATS), ASBCA No. 59338, the Board found that ATS was permitted to transfer at price under FAR 31.205-26(e) because it had demonstrated an “established practice” of pricing interorganizational transfers at other than cost for commercial work, as evidenced by records and the testimony of ATS’ witnesses and accounting expert. The Board rejected the Government’s argument that ATS’ internal transfers lacked “economic substance,” holding that FAR 31.205-26(e) does not impose any “economic substance” requirement and that ATS’ internal transfers were adequately recorded at price, notwithstanding limitations in the detail provided by ATS’ accounting software.
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Client Alert | 2 min read | 01.29.26
California AG Launches “Surveillance Pricing” Investigation – Action Required
California Attorney General Rob Bonta announced an unprecedented investigative sweep into “surveillance pricing” practices by grocers, hotels, and retailers, marking the first state-level inquiry targeting personalized pricing under data privacy laws.
Client Alert | 6 min read | 01.29.26
Client Alert | 5 min read | 01.29.26
Client Alert | 6 min read | 01.29.26
Sixth Circuit Implies New Requirements for Denial-of-Coverage Communications

