Topic Archives: Acquisition Regulations

Litigation

Solicitation Clause Granting Government Broad Intellectual Property Rights Found to be Unduly Restrictive and Not Serving Any Legitimate Agency Need

In a rare victory for an offeror challenging a solicitation provision as unduly restrictive in violation of CICA, Judge Damich of the U.S. Court of Federal Claims ruled that clauses granting the government broad data rights were unduly restrictive and served no legitimate agency need in a solicitation calling for proposals to become online providers of OSHA’s Online Outreach Training Program. ...›

Defense
August 3, 2015Acquisition Regulations, Defense

New DoD Proposed Guidance on Commercial Item Pricing

DoD has proposed new guidance on commercial item pricing. The proposed rule includes a definition of “market-based pricing” that deletes current “offered for sale” terminology. Under the proposed rule, market-based pricing would be the preferred method to establish a fair price in the absence of adequate competition where market-based pricing refers to cases in which nongovernmental buyers drive the price of a product or service in a commercial marketplace. ...›