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No Constructive Knowledge When Amendment Not Posted to FedBizOpps

Client Alert | 1 min read | 08.20.15

In Latvian Connection, LLC (Aug. 11, 2015), GAO held that the Army did not provide the protester enough time to respond to a "substantial" solicitation amendment when, although the amendment was posted to the Army Single Face to Industry (AFSI) website six days prior to the response deadline, it was not posted to FedBizOpps.gov and the protester did not see the posting on the AFSI until two days before the deadline. GAO rejected the Army's argument that the protester had constructive knowledge of the AFSI posting, holding that offerors are only charged with constructive knowledge of procurement actions published on a designated, government-wide point of entry, which, for business opportunities greater than $25,000, is only FedBizOpps.gov.


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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:...