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GSA "Invites" Schedule Contractors To Examine Origin Of Offered Products

Client Alert | 1 min read | 02.15.06

On February 10, 2006, DOJ announced a $5.02 million settlement with Corporate Express, bringing to $28+ million the total obtained from defendants in U.S. ex rel Safini Office Products v. Office Depot et al . (D.D.C. No. 03-CV-003), a qui tam case involving allegations that the defendants had sold office products from non-designated countries on the GSA Schedule in violation of the Trade Agreements Act certification in the contracts. Also within the past week, in a development showing that all schedule contractors should be aware that TAA compliance has a become a major issue in GSA audits, GSA schedule contractors for office products began receiving a letter from GSA asking them to perform a self-assessment of the products they offered and to remove those items from countries that are not "designated countries" under the Trade Agreements Act, countries that would include such major sources of office and Information Technology products as China, India, Taiwan and Malaysia.

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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:...