Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security
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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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- We have previously written about the challenges contractors face when pursuing costs incurred because of combat zone risks. These risks, and the resulting costs, can be unpredictable and are not always compensable. In ECC Int’l Constructors, LLC , ASBCA No. 59138, 19-1 BCA ¶... ›
Materiality & the Public Disclosure Bar: Fending Off Qui Tam Attacks
By: Victoria Dalcourt Angle
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... ›May Bid Protest Roundup (Law360 Spotlight)
By: Alissandra Young McCann
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... ›Congress Passes PPP Revisions and Advocates for Public Disclosure of Recipients
By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCann
Updated June 5, 2020 In the wake of the massive economic disruption caused by the Coronavirus outbreak, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020. The Payroll Protection Program (PPP), which is part of the... ›SBA Issues New Certification Regulations for Women-Owned Small Businesses
By: Tina D. Reynolds and Roke Iko
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... ›SBA Issues New Rules on PPP Loan Forgiveness and Loan Review Procedures
By: Tina D. Reynolds, Damien C. Specht, Alissandra Young McCann and Roke Iko
Since the inception of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) nearly eight weeks ago, the Small Business Administration (SBA) has issued loans under the Paycheck Protection Program (PPP) that have helped thousands of businesses remain afloat during the COVID-19... ›PPP Loan Forgiveness Application is Finally Here
By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCann
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 Angle
Like 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 McCann
Updated 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. Koukios
In 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... ›