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GAO Slams Protestor For Protective Order Violation

Client Alert | less than 1 min read | 02.05.08

For the first time ever, the GAO in PWC Logistics Servs. Co. (Jan. 11, 2008, http://www.gao.gov/decisions/bidpro/310559.pdf) has dismissed a protest without reaching the merits because of violations of a protective order by the protestor. The GAO gave notice several years ago that dismissal was an option for an "abuse of the GAO process," and it found this case to warrant dismissal because, after an inadvertent disclosure by outside counsel of pleadings with significant amounts of proprietary information of the awardee, at least some of the information was circulated within the higher echelons of the company instead of being returned immediately.

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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:...