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GAO Defers to Agency on Impact of Sequestration

Client Alert | 1 min read | 12.06.13

In Vinculum Solutions, Inc.—Reconsideration (Dec. 3, 2013), GAO reconfirmed its conclusion in the first published decision on the issue (previously discussed here) that an agency's need to reduce costs due to sequestration may be a valid basis for canceling a solicitation. Of particular relevance for future protests, GAO rejected the argument that GAO should have sought the specific budget and funding data that supported the agency's cancellation decision, noting that, in the protest context, GAO "generally does not question" an agency's representations regarding its budget and funding choices.

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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:...