Fed. Circ. To Decide Future Of Commercial Item Contracting

On Feb. 8, 2018, the United States Court of Appeals for the Federal Circuit heard oral argument in Palantir USG v. United States,[1] that will decide the future of commercial item contracting, and perhaps determine how the government will purchase next-generation technology. More specifically, the Federal Circuit will decide the extent of the government’s obligations under the Federal Acquisition Streamlining Act (FASA) to prioritize, to the maximum extent practicable, the acquisition of commercial and nondevelopmental solutions.

The decision could either: (1) breathe a new life into FASA’s preference...

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