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Claim Preparation Attorney's Fees Award Affirmed

Client Alert | 1 min read | 04.29.15

In SUFI Network Servs., Inc. v. U.S. (April 24, 2015), a C&M case, the Federal Circuit affirmed the award of attorney's fees to the contractor for claim preparation granted by the Court of Federal Claims, remanding the matter back to the CFC only to recalculate the starting point for interest and to add overhead and profit to the award. The court rejected  the government's principal attacks, finding that SUFI was permitted to sue in the CFC after the CO had failed to issue a timely final decision on its claim, fees in this non-CDA case were foreseeable and recoverable as breach damages, and C&M's standard rates were reasonable, while finding merit in SUFI's cross-appeal requesting overhead and profit as part of the breach damages available under the common law.


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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:...