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Congressional Sledgehammer Drops On DHS Cyber Insecurity

Client Alert | 1 min read | 09.27.07

Following a series of tough investigations and oversight hearings on cybersecurity in April and June with more to come, the House Homeland Security Committee dropped the hammer on DHS and its contractors in a letter on September 21, 2007, finding that cyber attacks on federal and contractor IT systems "have resulted in the loss of massive amounts of critical information," characterizing DHS and contractor responses as "misleading" and subject to potential criminal penalties under 18 U.S.C. 1001, and demanding a DHS IG investigation -- and referral for "criminal investigation" if appropriate. With contractors operating over 1,100 federal IT systems subject to the Federal Information Security Management Act (FISMA), future security breaches virtually assure Congressional investigations, as the Homeland Security Committee promised: "The Committee will continue to investigate security breaches, particularly those occurring among commercial contractors."

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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:...