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Idle Your Engines: Feds Instruct Agencies to Stand Down on "Fair Pay and Safe Workplaces"

Client Alert | 1 min read | 10.26.16

On October 25, OFPP issued a Memorandum for Chief Acquisition Officers instructing agencies to refrain from implementing the “Fair Pay and Safe Workplaces” final rule (which was enjoined by a federal court on October 25, as discussed here) and ensure that “new solicitations do not include representations or clauses that the enjoined coverage of the rule would have required” and that, “[i]f a solicitation has been issued with [the] representations or clauses …, amend those solicitations immediately to remove” them. The memorandum also states that GSA has “halted actions to release the changes for the System for Award Management (SAM) that would support bidder and contractor submission of information on labor law violation decisions” and those that “would support public disclosure of this information in the Federal Awardee Performance and Integrity Information System (FAPIIS).”

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:...