Morrison & Foerster Government Contracts Coronavirus Resource Center

Morrison & Foerster’s Government Contracts team has been closely following the COVID-19/Coronavirus outbreak and how it is directly affecting government contractors. We will continue to update this blog as new guidance is issued.

June 30, 2020Coronavirus, Small Business

SBA’s Implementation of the Paycheck Protection Program Flexibility Act in Wave of New Rules and Application Forms

As we previously reported, the Paycheck Protection Program Flexibility Act (“PPP Flexibility Act”) became law earlier this month, introducing numerous changes to the Paycheck Protection Program (PPP).  The PPP, which is part of the CARES Act,[1] provides aid to qualifying small businesses in the form of loans with terms favorable to borrowers, including, in particular, ...›


Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Base Access

In a previous post, we reported on ECC International, LLC, ASBCA No. 60484, Nov. 16, 2018, 18-1 BCA ¶ 37203, which rejected a contractor’s claims arising out of the Government’s closure of a key access route to a construction site in Afghanistan. The Armed Services Board of Contract Appeals (ASBCA, or “Board”) ruled that the ...›

Intellectual Property
June 11, 2020Intellectual Property

FedPubs Intellectual Property Series (June 16-30)

MoFo partner Tina Reynolds, senior counsel Jay DeVecchio, and associate Locke Bell will be presenting an upcoming FedPubs 3-part webinar series on intellectual property rules and regulations in government contracting. The series will provide an overview of the key principles governing the allocation of rights in technical data, computer software, and patents. Attendees will learn ...›

June 9, 2020False Claims Act

Materiality & the Public Disclosure Bar: Fending Off Qui Tam Attacks

Enforcement activity by the U.S. Government historically spikes in the wake of heightened government spending, whether a result of wars, recessions, or natural disasters.  Following the unprecedented infusion of public money to combat COVID-19 and stabilize the economy, contractors may anticipate a similar sharp increase in enforcement activity.  A recent False Claims Act (FCA) case ...›

June 8, 2020Protests & Litigation

May Bid Protest Roundup (Law360 Spotlight)

This month’s Law360 spotlight examines three protest decisions addressing first article testing, proprietary information in unsolicited proposals, and timely submittal of proposals. In SSI Technology[i], the U.S. Court of Federal Claims (COFC) found a sole source award for urgently needed parts appropriate where the disappointed offeror lacked a current first article test approval. In M3[ii], ...›

June 4, 2020Small Business

SBA Issues New Certification Regulations for Women-Owned Small Businesses

Starting July 15, 2020, a new certification process is being implemented for Women-Owned Small Businesses (“WOSBs”) and Economically Disadvantaged WOSBs (“EDWOSBs”) competing for U.S. federal set-aside, sole source, and multiple award contracts. The Small Business Administration (“SBA”), which is responsible for oversight of these programs, recently updated certification requirements in a long‑awaited final rule. The ...›