Federal and state contracting authorities more frequently are including Most Favored Customer (MFC) clauses in contracts for procurement of privately manufactured products. These clauses seek to ensure that the contracting authority receives at least as favorable pricing as other customers making similar purchases. In theory, the request to be treated equally to others making similar purchases is reasonable. In practice, however, it is challenging to satisfy MFC clauses because they often contain ambiguous comparative terms that make MFC compliance an onerous undertaking.
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