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Protestor Bags Redo and B&P Costs, Too

Client Alert | less than 1 min read | 10.15.08

In Alabama Aircraft Indus., Inc. v. U.S. (Oct. 7, 2008), the Court of Federal Claims disagreed with a prior protest denial by GAO by holding that the price realism evaluation of the Air Force's multiyear maintenance contract for its KC-135 fleet was fatally flawed because it relied on the unrealistic assumption of a non-aging fleet without adequately informing the offerors of that assumption. In addition to a ordering a complete resolicitation, Judge Lettow granted the protestor its bid and proposal costs "because of the lengthy process involved with the procurement."

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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:...