EULA

On February 22, 2018, the General Services Administration (GSA) issued a Final Rule to address common commercial supplier agreement terms that it contends are inconsistent with federal law. The purpose of this rule is to streamline negotiations over commercial supplier agreements (“CSAs”), end-user license agreements (“EULAs”), Terms of Sale (“TOSs”) or similar sets of standard terms and conditions. Significantly, the rule reverses several controversial provisions from the Proposed Rule and an earlier class deviation by reverting the order of precedence and eliminating the burdensome requirement of providing the full text of all provisions. Less controversially, but nonetheless important, the Final Rule also formalizes GSA’s longstanding position that certain terms and conditions are unenforceable under federal law.
Continue Reading GSA Issues Final Rule Governing Negotiations of Common Commercial Terms

Recently, the General Services Administration (“GSA”) issued a proposed rule to codify a class deviation regarding GSA’s approach to common Commercial Supplier Agreement (“CSA”) and End User License Agreement (“EULA”) terms.  We have previously addressed the class deviation here and in an article for the Coalition for Government Procurement available here.  While the Proposed Rule apparently is intended to assuage contractor concerns about the class deviation, it falls short of this goal, so contractors must remain vigilant if and when the Proposed Rule is finalized and GSA begins to attempt to implement it through contract modifications.  Comments on the Proposed Rule are due by August 1, 2016.
Continue Reading GSA Doubles Down on CSA/EULA Deviation