Tech Bundling Justified For Emergency Situations
Client Alert | less than 1 min read | 01.02.09
In CHE Consulting, Inc. v. U.S. (Dec. 30, 2008), the Federal Circuit upheld the Navy's bundling of hardware and software maintenance for a complex computer system under an FSS buy. While many agencies buy these separately and GSA initially declined to bundle in this instance, the court upheld the Navy's rationale that it could not afford the time to analyze the source of equipment problems or the risk that two different maintenance contractors would be pointing at each other about who was responsible for fixing the problem, given the time-critical information it provided to the fleet in emergency situations.
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:
Client Alert | 4 min read | 04.18.24
Client Alert | 6 min read | 04.16.24
Navigating the AI Intellectual Property Maze - Key Points From Congressional Hearing
Client Alert | 5 min read | 04.15.24
Making the EU Courts More Efficient for Trade-Related Decisions