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Avue v. HHS: Software Licensing Dispute Fails for Lack of Privity

Writer: Joe Whitcomb
Joe Whitcomb
Apr 5, 2025
1 min read

Updated: 3 days ago

Avue Technologies alleged that the FDA and GSA breached obligations connected to a software license incorporated into a Federal Supply Schedule arrangement. After earlier jurisdictional proceedings, the Civilian Board of Contract Appeals concluded that Avue lacked enforceable rights under a federal procurement contract because the government contracted and paid through Carahsoft rather than directly with Avue. The consolidated appeals were dismissed for lack of a qualifying procurement contract or denied on the merits.

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