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Agencies Abuse Sole-Source Process

Client Alert | less than 1 min read | 02.20.13

On the heels of the CFC in Innovation Dev. Enters. of Am., Inc. v. U.S. (Jan. 29, 2013) finding that the Air Force had done zero advance planning before improperly justifying retention of the multiyear incumbent on a sole-source basis, the GAO issued its study faulting DOD more generally. In reviewing eight large sole-source awards, GAO found that DOD in six of them had failed to adhere to the recently tightened FAR requirements for sole-source buys.


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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:...