COVID-19: Getting Compensated for Delays and Disruptions
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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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- Government 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 Deviation
In 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 Helmstädter
The 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. 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... ›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... ›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. 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... ›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... ›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,... ›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... ›