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Key Case Law Rules for Government Contract Formation by Patrick Butler

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CHAPTER 3Protest Grounds Challenging the Government’s Exercise of Discretion or the Government’s Conduct of the Competition

1. AGENCY’S COMMERCIAL ITEM DETERMINATION

Overview of This Protest Ground: The Federal Acquisition Streamlining Act of 1994 (FASA), Public Law 103-355, sets out a preference for the government to acquire “commercial items” to the extent possible. Essentially this requirement is designed to ensure that the government harnesses the power and efficiencies of the commercial marketplace to minimize the perceived need for expensive and time-consuming RDT&E (research, development, test, and evaluation) efforts. The goal of the ...

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