The Story of Bad Faith in Government Contracts
Client Alert | 1 min read | 10.22.14
In his article "A Twice-Told Tale: The Strangely Repeated Story of 'Bad Faith' in Government Contracts," published in the latest issue of The Federal Circuit Bar Journal, C&M's Rick Claybrook tells the story of how the Supreme Court over 50 years ago suddenly injected intentional animus into the analysis of whether the government acted in bad faith in its dealings with contractors—and promptly got rebuffed by Congress. He suggests that the Federal Circuit, ironically, has repeated the same error in some of its more recent decisions.
Insights
Client Alert | 1 min read | 04.18.24
GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings
On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS). Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions:
Client Alert | 4 min read | 04.18.24
Client Alert | 6 min read | 04.16.24
Navigating the AI Intellectual Property Maze - Key Points From Congressional Hearing
Client Alert | 5 min read | 04.15.24
Making the EU Courts More Efficient for Trade-Related Decisions
