PPP Loan Forgiveness Application is Finally Here
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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- During these uncertain economic times, the Small Business Administration (SBA) loans under the Paycheck Protection Program (PPP) have been a critical lifeline for many small businesses trying to weather the COVID-19 pandemic. The PPP, which we have written about previously , is part of... ›
Contracting in the Fog of War: Recovering Costs Caused by an Epidemic
By: J. Alex Ward and Victoria Dalcourt AngleLike the rest of the nation, and indeed the whole world, contractors today are fighting a war against an invisible enemy. As we observed in a previous post , responding to COVID-19 raises wartime contracting issues on the home front and abroad. In “... ›
Are Foreign Employees Included in Calculating Size for PPP’s 500-Employee Size Standard? New Guidance Makes the Answer Unclear
By: Damien C. Specht, Tina D. Reynolds and Alissandra Young McCannUpdated May 18, 2020 As many companies are likely aware by now, Small Business Administration (SBA) loans under the Paycheck Protection Program (PPP) provide aid to qualifying small businesses in the form of loans with terms favorable to borrowers, including, in particular, provisions that... ›
Top 10 International Anti-Corruption Developments for April 2020
By: Charles E. Duross and James M. KoukiosIn order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: How did the Organization for Economic Cooperation... ›
M&A Considerations Regarding CARES Act Loan Programs and Other Relief
By: Tina D. Reynolds, Spencer D. Klein and Alex RheaumeIn recent weeks Congress has authorized funding for a number of programs intended to provide relief to small- and medium-sized businesses and certain particularly hard-hit industry sectors, as well as to American businesses more generally. The parties to a potential M&A transaction must be... ›
Try, Try Again
By: Kathy C. WeinbergA recent defective pricing case, Alloy Surfaces Co., ASBCA No. 59625, 2020 WL 1896784, April 9, 2020, charmingly illustrates the Government’s doggedness in trying to reprice a contract using the Truth in Negotiations Act (TINA). The Armed Services Board of Contracting Appeals did not... ›
Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Problems (Morrison & Foerster’s Remote Learning Series Session #2)
By: J. Alex WardJoin Alex Ward and Rachael Plymale for the second presentation in Morrison & Foerster’s Government Contracts Remote Learning Series. Register here. In “Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Concerns,” Alex and Rachael will discuss high-risk areas for contractors, explain... ›
April Bid Protest Roundup (Law360 Spotlight)
By: Lyle F. Hedgecock and Caitlin A. CrujidoThis installment of our monthly Law360 bid protest spotlight features a number of noteworthy decisions from the U.S. Government Accountability Office (GAO), Court of Federal Claims (COFC) and Federal Circuit. Eskridge & Associates addresses the hurdles associated with establishing prejudice. Abacus Technology Corporation discusses... ›
The Basics of Undefinitized Contractual Actions (UCAs)
By: Lyle F. HedgecockThe federal contracting process is famous for its exacting approach to competitive procurement, which safeguards taxpayer funds and principles of fairness. This emphasis on process, however, can slow the wheels of the acquisition machine. The rapid spread of COVID-19, however, has required the government... ›
Is My Company’s PPP Loan “Necessary to Support Ongoing Operations?” What If I’m Wrong?
By: Tina D. Reynolds and Damien C. SpechtThis post has been updated on May 6, 2020 with new safe harbor deadline for repayment of PPP loans. Given the proliferation of adverse news articles and TV pundit segments about well-funded companies that have received federal, Small Business Administration (SBA) loans under the... ›