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Customary Commercial Practice Deserves Respect

Client Alert | less than 1 min read | 10.03.12

In Verizon Wireless (Sept. 17, 2012), GAO sustained a solicitation protest in a FAR Subpart 8.4 procurement for a blanket purchase agreement for wireless telecommunications devices and services off the Federal Supply Schedule when the agency had selected contract terms and conditions that were inconsistent with customary commercial practice in the industry. GAO concluded that the agency had failed to conduct the necessary market research to realize that the disputed terms were irregular and, thus, had failed to prepare the mandatory, documented determination of why it was necessary to deviate from normal commercial practice.


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Client Alert | 7 min read | 12.19.25

In Bid to Ban “Woke AI,” White House Imposes Transparency Requirements on Contractors

In July 2025, President Trump signed Executive Order (EO) 14319, Preventing Woke AI in the Federal Government, to preclude the federal government from procuring artificial intelligence (AI) models that incorporate “ideological biases or social agendas,” including “diversity, equity, and inclusion.” The EO mandates that the federal government purchase only large language models (LLMs) developed according to two “Unbiased AI Principles” — that they be “truth-seeking” and show “ideological neutrality.” To implement these principles, the EO directed the Office of Management and Budget (OMB) to issue guidance....