Commercial Items Rulemaking Tackles Hot Issues
Client Alert | less than 1 min read | 03.17.05
On March 11, 2005, and corrected on March 17, 2005, GSA issued an advance notice of proposed rulemaking, inviting comments on two hot-button issues: (1) whether consequential damages should be waived in commercial item acquisitions and (2) whether GSA's post-award audit authority should be limited in Multiple Award Schedule Contracts (MAS) and Government-wide acquisition contracts (GWACS). GSA, which is considering these issues in the context of establishing policies that more closely resemble those of the commercial marketplace, has scheduled an April 14, 2005 public meeting on this "important topic," with presentations due by April 7, 2005, and requires that comments be made on the proposed rule on or before May 10, 2005.
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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:
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Making the EU Courts More Efficient for Trade-Related Decisions
