Welcome to the Government Contracts Insights Blog

Morrison Foerster’s Government Contracts Insights blog provides an in-depth analysis of news, developments, and trends impacting government contracting and procurement. Through Insights, attorneys from our nationally recognized Government Contracts and Public Procurement practice will offer a real-time assessment of the statutory, regulatory, legal, and business-related developments that are shaping the industry. This blog will also examine a full array of U.S. and non-U.S. public procurement issues, mindful that our clients compete in a global marketplace.

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April 06, 2020 - Coronavirus
Newly Issued Interim Rules Update Paycheck Protection Program Loan Eligibility Considerations
By: Tina D. Reynolds and Damien C. Specht
Late Friday evening, the Small Business Administration (SBA) issued an Interim Final Rule on affiliation , which was posted to the U.S. Treasury Department’s Paycheck Protection Program (PPP) loan website. This interim final rule (SBA Interim Final Rule 2) supplements an earlier SBA Interim
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April 06, 2020 - Protests & Litigation
March Bid Protest Roundup (Law360 Spotlight)
By: James A. Tucker
Neither rain nor sleet nor quarantine restrictions stop bid protests or our monthly roundup. Thus far the virus has not resulted in dramatic changes to GAO processes, as they have been almost completely electronic from the start. It is possible, though, that contractors may
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April 03, 2020 - Announcements & Press, Coronavirus
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. General Top Ten Things Government Contractors Should Know Regarding the Coronavirus,
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April 02, 2020 - Coronavirus
Top Ten Things Government Contractors Should Know Regarding the Coronavirus (as of April 2, 2020)
Contractors who are unable to perform or complete work under a contract as a result of the pandemic should be able to get schedule relief and avoid termination as a result of the FAR’s excusable delay provisions. These provisions also provide protection where a
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April 01, 2020 - Small Business, Coronavirus
Treasury Department Issues Guidance (and Application) for Paycheck Protection Program Loans
By: Tina D. Reynolds and Damien C. Specht
On Tuesday afternoon, the Treasury Department released its guidance concerning the Paycheck Protection Program (PPP), which was authorized by Congress under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Under the PPP, qualified small businesses, eligible non‑profits, self-employed individuals, and independent contractors may
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March 30, 2020 - Coronavirus
The Sovereign Acts Doctrine: Understanding COVID-19 Implications For Your Government Contract
By: Kevin P. Mullen and Sandeep N. Nandivada
The COVID-19 pandemic has introduced significant uncertainty for government contractors as agencies prepare for substantial disruptions, including the potential closure of military installations. See e.g. , Department of the Army COVID-19 Response Letter ; Department of Defense COVID-19 Planning Memo (Mar. 10, 2020). Given
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March 30, 2020 - Protests & Litigation, False Claims Act
Unprecedented Discovery Orders Vacated: Fourth Circuit Confirms Government Contractors Do Not Waive Privilege by Disclosing Facts Uncovered during an Internal Investigation under the FAR’s Mandatory Disclosure Rule
By: J. Alex Ward and Victoria Dalcourt Angle
Lawyers often view a writ of mandamus to a Court of Appeals as a last-gasp—indeed, almost hopeless—stratagem. But sometimes they are granted, particularly when the district court order they challenge is even more extraordinary. That is what just happened in In re Fluor Intercontinental,
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March 27, 2020 - Coronavirus
Contractor Relief Unclear Under the CARES Act
By: J. Alex Ward
On Wednesday, the Senate passed a $2 trillion relief package – the Coronavirus Aid, Relief, and Economic Security or CARES Act – intended to relieve some of the worst economic effects of the coronavirus pandemic. In addition to sweeping relief measures for individuals and
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March 25, 2020 - Coronavirus
Federal Antitrust Agencies Encourage Appropriate Competitor Collaboration to Address the COVID-19 Crisis
By: David D. Cross
The U.S. antitrust agencies – the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) – have recognized a need for “unprecedented cooperation between federal, state, and local governments and among private businesses to protect Americans’ health and safety” during the
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March 24, 2020 - Coronavirus
A Summary of the Defense Production Act
By: J. Alex Ward
Last week, the President announced that he was invoking a Cold War-era law called the Defense Production Act (DPA), 50 U.S.C. §§ 4501 et seq ., to ensure the Nation is able to acquire the “health and medical resources needed to respond to the
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Welcome to the Government Contracts Insights Blog

Newly Issued Interim Rules Update Paycheck Protection Program Loan Eligibility Considerations

By: Tina D. Reynolds and Damien C. Specht

March Bid Protest Roundup (Law360 Spotlight)

By: James A. Tucker

Morrison & Foerster Government Contracts Coronavirus Resource Center

Top Ten Things Government Contractors Should Know Regarding the Coronavirus (as of April 2, 2020)

Treasury Department Issues Guidance (and Application) for Paycheck Protection Program Loans

By: Tina D. Reynolds and Damien C. Specht

The Sovereign Acts Doctrine: Understanding COVID-19 Implications For Your Government Contract

By: Kevin P. Mullen and Sandeep N. Nandivada

Unprecedented Discovery Orders Vacated: Fourth Circuit Confirms Government Contractors Do Not Waive Privilege by Disclosing Facts Uncovered during an Internal Investigation under the FAR’s Mandatory Disclosure Rule

By: J. Alex Ward and Victoria Dalcourt Angle

Contractor Relief Unclear Under the CARES Act

By: J. Alex Ward

Federal Antitrust Agencies Encourage Appropriate Competitor Collaboration to Address the COVID-19 Crisis

By: David D. Cross

A Summary of the Defense Production Act

By: J. Alex Ward