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B&P Costs Don't Include Sub Costs Or Profit

Client Alert | less than 1 min read | 07.30.04

In Gentex Corp. v. U.S. (June 10, 2004), the Court of Federal Claims decided two issues of first impression for the court adversely to the contractor: (1) even when a solicitation specifically requests teams to respond, the B&P costs of teammates of the prime are not recoverable unless they are in a joint venture or in some other way are prime contractors themselves and (2) profit is not recoverable on the contractor's costs.

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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:...