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Myth-Busting is Still Alive: FAR Council Encourages Industry/Government Communications

Client Alert | 1 min read | 12.02.16

To implement section 887 of the FY 2016 National Defense Authorization Act, the FAR Council, on November 29, proposed a rule to amend FAR 1.102-2 by adding language to clarify that the government may, and is encouraged to, communicate with industry as part of market research, if such exchanges comport with existing law and regulations and do not further an unfair competitive advantage. Continuing the conversation that the 2011 and 2012 Office of Federal Procurement Policy Myth-Busting memoranda commenced, the Council also requested suggestions about ways to “further enhance open communication between industry and the Federal acquisition community[,]” as well as information responding to specific questions – responses to which are due on or before January 30, 2017 (the same due date for submitting comments on the proposed rule).

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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:...