Contractor Logs Victory in Termination Case at Federal Circuit
Client Alert | less than 1 min read | 03.02.15
In EM Logging v. Department of Agriculture, 2014-1227 (Feb. 20, 2015), the Federal Circuit reversed the Civilian Board of Contract Appeals, holding that substantial evidence did not support the Board's conclusion that the US Forest Service had properly terminated a timber sale contract for "flagrant disregard" of the terms of the contract. On appeal, the court found that the record supported only four instances of route deviation, load limit violations, or delayed notifications, and held that the contractor's actions did not justify termination because termination for "flagrant disregard" must be "predicated on more than technical breaches of minor contract provisions or isolated breaches of material contract provisions which caused no damage."
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
