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ITA/USTR Request for Comments on Trade Agreements and Government Procurement

Client Alert | 1 min read | 08.21.17

Implementing the President’s direction in the Buy American Hire American Executive Order, the Department of Commerce’s International Trade Administration and the United States Trade Representative have issued a request for comments from industry on how U.S. government procurement obligations affect U.S. companies’ participation in the U.S. and foreign government procurement markets. This request presents a significant opportunity for companies to provide input on how such agreements have positively affected their global supply chains as well as the extent to which the public procurement markets of participating governments are important to U.S. industry and jobs. Unfortunately, the notices provide a very short 30-day period in which to respond (until 11:59 pm EDT on September 18, 2017), particularly given the end of summer timing.

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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:...