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 | 06.10.25
Trump Administration Cyber Executive Order Revises Prior Administrations’ Requirements
On June 6, 2025 President Trump signed an Executive Order, Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity and Amending Executive Order 13694 and Executive Order 14144 (the “Trump Cyber EO”). The Trump Cyber EO rescinds and modifies select Biden administration guidance from EO 14144 covering several cybersecurity regimes, including digital identity verification, artificial intelligence, and secure software development practices, and it amends Obama administration guidance from EO 13694 authorizing sanctions on persons involved in malicious cyber activities. We have provided a summary of significant changes made by the Trump Cyber EO below.
Client Alert | 19 min read | 06.09.25
Client Alert | 3 min read | 06.09.25
UK Strategic Defence Review 2025: Implications for Defence Contractors
Client Alert | 8 min read | 06.06.25
Litigation Funding Reforms: Clarity for UK Funders and Litigants Post-PACCAR
