Base And Option Years Unit Pricing Not Releasable Under FOIA
Client Alert | 1 min read | 09.29.06
In Canadian Commercial Corp. v. Dept. of Air Force, Judge Bates, despite rejecting the contractor's argument that the disclosure of the base and option year prices would likely cause substantial competitive harm in future procurements, reversed the Air Force's decisions to release that data from its contract for the maintenance and repair of J85 turbojet engines. The court found that the pricing information was involuntarily submitted but that substantial competitive harm would result from the release of all but the labor rates for the over and above work, based solely on the conclusion that the release would harm the contractor by providing its competitors information that they could use to convince the Air Force not to exercise the contract options.
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Client Alert | 3 min read | 03.03.25
HHS Suggests It Will Provide Less Notice and Opportunity for Comment on Grant and Contract Rules
On February 28, the Department of Health and Human Services (HHS) announced that it was rescinding the Richardson Waiver, a policy in place since 1971 which said HHS would provide notice of proposed rulemaking in certain cases where it was not otherwise required to do so by law. This announcement signals a policy shift for the agency and suggests that where permitted by law, HHS will generally now issue rules relating to “agency management or personnel or to public property, loans, grants, benefits, or contracts” without providing notice and comment to stakeholders, and may otherwise find good cause to forego notice and comment procedures.
Client Alert | 2 min read | 02.28.25
Client Alert | 1 min read | 02.28.25
Client Alert | 3 min read | 02.28.25
