Competitive Range Of One Gets Close Scrutiny
Client Alert | 1 min read | 09.25.08
Reviewing the law that an agency's narrowing the competitive range to one results in close scrutiny, the CFC in L-3 Communications Eotech, Inc. v. U.S. (Sept. 23, 2008, http://www.crowell.com/pdf/L3-Communications_v_US-AimPoint_08-515.pdf) proceeded to set aside such a determination when the agency disqualified the protestor based on a failed functional test that it relaxed for the favored offeror. The court, after seeing a live demonstration of the hardware involved, also found irrational the agency's failure to seek clarifications when the protestor's perceived testing problem could have been corrected relatively easily.
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
