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Flying Through The Cloud: Acquisition Turbulence & Cyber Hail

Client Alert | 1 min read | 12.04.12

OMB's "Cloud First" directive funnels an ever-expanding share of the $70 billion IT budget into cloud computing services and technology, creating a whirlwind of acquisition and cybersecurity issues outpacing the regulatory framework, procurement practices, and security rules guiding federal agencies and contractors. In his Briefing Paper on "Cloud Computing Acquisitions & Cybersecurity" published by Thomson West, C&M's David Bodenheimer sheds light on the latest NIST standards for federal cloud acquisitions and security, the major drivers accelerating the "Cloud First" implementation in the federal marketplace, the cybersecurity challenges and FedRAMP authorization process, and the complexities and pitfalls raining down on cloud acquisitions, including current and future protests involving competition, restrictive requirements, privacy, security, and organizational conflicts of interest.


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:...