Congress, DoD Encourage Use of Other Transaction Authority in Response to COVID-19
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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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- Department of Defense (“DoD”) acquisition chief Ellen Lord earlier this week issued a memorandum reducing internal approvals required to issue other transactions (“OTs”) for prototype projects related to the national emergency declaration for the Coronavirus Disease 2019 (“COVID-19”). Under the temporary authority, granted by... ›
Announcing Morrison & Foerster’s Government Contracts Remote Learning SeriesJoin Morrison & Foerster’s Government Contracts Remote Learning Series as our group provides a monthly overview of the latest topics in government contracting. In each webinar, one or more attorneys from our group will explain the “why” and “how” of a particular legal problem,... ›
COVID-19: Getting Compensated for Delays and Disruptions
By: James A. TuckerGovernment contractors continue to face disruptions from COVID-19 and the attempts to halt its spread: closures of government and contractor facilities, quarantined personnel, the inefficiencies of telework, delays and disruption in the supply chain, and uncertainty over how to apply the sometimes conflicting guidance... ›
DOD Clarifies Progress Payments DeviationIn one of its earliest moves to shore up cash flow for contractors that may be affected by the COVID-19, the DOD issued a deviation on March 20, 2020, allowed for an increase in progress‑payment rates under DOD contracts from 80 percent to 90... ›
Guidance on the EU Procurement Regime During COVID-19 Crisis
By: Alistair Maughan and Felix HelmstädterThe European Commission has issued guidance on how the EU public procurement framework can and should be used during the COVID-19 crisis. While the Commission has not relaxed any of the existing EU procurement rules, it has clearly emphasized the flexibility that already exists... ›
Newly Issued Interim Rules Update Paycheck Protection Program Loan Eligibility Considerations
By: Tina D. Reynolds and Damien C. SpechtLate 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... ›
March Bid Protest Roundup (Law360 Spotlight)
By: James A. TuckerNeither 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... ›
Morrison & Foerster Government Contracts Coronavirus Resource CenterMorrison & 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,... ›
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... ›
Treasury Department Issues Guidance (and Application) for Paycheck Protection Program Loans
By: Tina D. Reynolds and Damien C. SpechtOn 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... ›