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Prohibition on Contracting with Corporations with Felony Conviction or Delinquent Taxes

Client Alert | 1 min read | 12.04.15

On December 4, 2015, the FAR Council issued an interim rule – with an effective date of February 26, 2016 – that would require a corporation responding to any federal solicitation to represent whether it (1) has a felony conviction for a violation under any federal law within the preceding 24 months or (2) has any unpaid federal tax liability that has been assessed and is not being appealed or paid in a timely manner. Consistent with the Consolidated and Further Continuing Appropriation Acts, any affirmative response made by a corporation to either representation would effectively create an automatic exclusion that precludes award of federal contracts, unless the agency's suspension and debarment official has reviewed the matter and determined that further action is not necessary to protect the interests of the government.


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:...