No Preferential T&C's Mods Allowed for Commercial Item Buys
Client Alert | less than 1 min read | 06.20.11
In Diebold, Inc. (June 2, 2011), GAO sustained a protest when the Comptroller of the Currency had substituted new terms and conditions beneficial to the awardee into a commercial items contract that were not part of the underlying solicitation. While GAO agreed that FAR § 12.302(a) gives an agency discretion to tailor the terms of FAR Clause 52.212-4 to the market practices and conditions for a particular commercial item acquisition, it instructed that all offerors must compete on a common basis against the agency's true needs and so "tailoring" of the terms must occur prior to the submission of final proposals.
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Client Alert | 4 min read | 06.23.26
EPA Hands Over AI Data Center Regulation to States and Communities to Develop Best Practices
The nation’s power grid and infrastructure are facing increased pressure from artificial intelligence (AI) data centers, prompting new questions around environmental regulatory design and compliance. As technology companies race to build and expand new data center factories, they face a web of permitting requirements as well as potential community opposition, and environmental litigation — all against a backdrop of rapid and still-evolving agency guidance.
Client Alert | 3 min read | 06.22.26
Client Alert | 4 min read | 06.17.26
From Checkout To Opt-Out: The EU Withdrawal Button Is Here – What E-Commerce Businesses Need To Know
Client Alert | 6 min read | 06.17.26
