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Declaratory Relief Available For NAFI Contractor At Board

Client Alert | less than 1 min read | 05.26.04

In SUFI Network Services, Inc. (Apr. 22, 2004), the ASBCA held that, while it lacked Contract Disputes Act jurisdiction over the non-appropriated funds contract before it, it had jurisdiction to grant declaratory relief under its Charter if the circumstances warranted. The ASBCA then found that it made sense to exercise its declaratory jurisdiction in this case, because central questions of contract interpretation were involved, the contract had several years of performance remaining, and the Air Force actions might have a significant impact on the viability of the company.

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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:...