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Union Obtains Protest Relief In District Court

Client Alert | less than 1 min read | 03.08.06

In Nat'l Treasury Employees Union v. IRS (D.D.C., Feb. 22, 2006), the union successfully challenged the decision of IRS to contract out mailroom functions without holding a public-private competition as required by the 2004 IRS appropriations act. Of most interest was the finding of the district court that the provisions of 28 U.S.C. 1491(b) giving the Court of Federal Claims exclusive jurisdiction over protests did not apply because the union was not an "interested party" under that provision, i.e., an actual or prospective bidder.

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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:...