News & Analysis as of

Software General Services Administration (GSA)

Wiley Rein LLP

Policy Patches: An Update on Software Security Regulation

Wiley Rein LLP on

So far, 2024 has been another very busy year for U.S. cybersecurity regulation. Among the top priorities has been software security, as we previewed early this year. Companies that sell software to the federal government or...more

PilieroMazza PLLC

Broken Promises: The Government’s Ability to Trick Contractors and Get Away With It (Maybe)

PilieroMazza PLLC on

As the government embraced the digital age in the years after COVID-19, its need for new software and technologies skyrocketed. This rapidly expanding procurement need presents great opportunities for businesses—both small...more

Sheppard Mullin Richter & Hampton LLP

Paid in Full: GSA Approves Advance Payment for SaaS Licenses

GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set...more

Sheppard Mullin Richter & Hampton LLP

Finally Invited to the Party? Federal Circuit Opens the Door for Software Companies Selling Through Resellers to Bring a Contract...

In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the decision of the...more

Holland & Knight LLP

Snitches Don't Get Stitches: New Rule Requires Supply Chain Disclosures

Holland & Knight LLP on

The Federal Acquisition Regulatory Council (FARC) issued a new final interim rule requiring contractors to review their supply chain to ensure no companies, products or services they are providing the federal government or...more

PilieroMazza PLLC

GSA Technology Contractors: 4 Requirements to Ensure Only Approved Software Is Used

PilieroMazza PLLC on

Almost two years ago, Executive Order 14028 – Improving the Nation’s Cybersecurity (EO) was issued requiring a host of actions be taken by the Federal Acquisition Regulation (FAR) Council, the National Institute of Standards...more

Wiley Rein LLP

Board of Contract Appeals Holds That Software Licensor Who Delivered Software Through GSA Reseller Cannot Pursue Claim Directly...

Wiley Rein LLP on

In a decision of first impression that could have significant implications for the many commercial software vendors who license software to the U.S. Government through U.S. General Services Administration (GSA) Schedule...more

Sheppard Mullin Richter & Hampton LLP

Software Companies Beware: Board Holds Subcontractor Cannot Enforce EULA Directly Against Federal Government

Software companies selling indirectly to the Federal Government finally received an answer to a question that has lingered for years – can a software company going to market through a reseller bring a direct claim under the...more

Morrison & Foerster LLP - Government...

April 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight examines three protest decisions addressing (1) mismatches between proposed labor categories and the scope of a vendor’s underlying General Services Administration...more

Blank Rome LLP

New Year’s Resolutions: Top 5 Consequential Changes in the 2018 NDAA

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The National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 was signed into law on December 12, 2017, and authorizes a topline national defense budget of $700 billion. While the 2018 NDAA makes a number of changes to...more

McCarter & English, LLP

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

Saul Ewing LLP

White Collar Watch - July 2014

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In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity ...more

Saul Ewing Arnstein & Lehr LLP

Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny

In contrast to the recent, public and record-breaking False Claims Act settlements with Big Pharma, the government’s intervention in a relator’s suit against a computer software company, alleging that the contractor...more

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