Top 10 International Anti-Corruption Developments for April 2020
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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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- 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... ›
M&A Considerations Regarding CARES Act Loan Programs and Other Relief
By: Tina D. Reynolds, Spencer D. Klein and Alex Rheaume
In 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. Weinberg
A 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... ›April Bid Protest Roundup (Law360 Spotlight)
By: Lyle F. Hedgecock and Caitlin A. Crujido
This 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. Hedgecock
The 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. Specht
This 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... ›CARES SBA Loan Eligibility and Process (UPDATED)
By: Tina D. Reynolds and Damien C. Specht
(This post has been updated on May 5, 2020) The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) allows certain eligible companies and individuals to obtain loans of up to $10 million or 2.5 times the average monthly payroll costs over the... ›Department of Defense March Towards CMMC Continues
By: Tina D. Reynolds
Although, as of late, the coronavirus and its impact have been top of mind for government contractors and, indeed, the entire world, the Department of Defense (DoD) has continued undeterred with its planned implementation of the Cybersecurity Maturity Model Certification (CMMC) program. Below we... ›House Passes a $484 Billion Relief Package; Treasury and the SBA Release New Guidelines for PPP Loans
By: Tina D. Reynolds and Damien C. Specht
On Thursday, April 23, 2020, the U.S. House of Representatives voted in favor of the $484 billion relief package that passed in the Senate earlier this week. Once signed into law, the legislation will revive the Small Business Administration (SBA) Paycheck Protection Program (PPP),... ›The Data Rights Black Hole: DOD Lobbies Congress to Eliminate Proprietary Rights in Your Most Valuable Trade Secrets — Your Detailed Manufacturing and Process Data
A long time ago in a galaxy far, far away, the Department of Defense (“DOD”) and industry came together after more than seven years of discussions and created a rational, logical, and fair constellation of regulations and laws governing the DOD’s and contractors’ rights... ›