I'm looking for a/the case name or number that said words to the effect "as between a prime and subcontractor (in furtherance of a government contract) the concept of a clause self deleting did not apply as the contracting parties were private / commercial entities and the subcontract is a commercial contract subject to interpretation under state law concepts."
I recall reading in the forums about a year or so ago that there was a court case that indicated a subcontractor, a small business, agreed (unknowingly) to be bound by CAS provisions because the subcontractor accepted the CAS flowdowns in its subcontract with the prime. Subcontractor argued (unsuccessfully) that the CAS clause(s) were self deleting and also, even if the subcontractor agreed to comply with CAS, it was nonetheless exempt from CAS as it was a small business.
Does this case ring a bell?
I searched the forums but could not find the original posting. I'm interested if anyone recalls the actual case name or number or additional facts that may lead me to that case or any other case that propounds (either way) the concept of self deleting clause(s) in a subcontract (in furtherance of a government contract).
Any help would be appreciated. Thank you.