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GAO Scallops Procurement, Finding Solicitation Was Flaky

Client Alert | less than 1 min read | 01.07.05

In Oregon Potato Co. (Dec. 22, 2004), GAO sustained the protest because the solicitation for dehydrated potato flakes failed to provide offerors with sufficient information regarding certain delivery location contingencies to enable offerors to prepare their proposals intelligently and compete on an level playing field. Although the post-award protest was based on inadequacies in the solicitation, it was nonetheless timely because the informational defect was not apparent until after the agency had announced its award decision.

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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:...