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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April 01, 2020 - Small Business, Coronavirus
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
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March 30, 2020 - Coronavirus
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
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March 30, 2020 - Protests & Litigation, False Claims Act
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,
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March 27, 2020 - Coronavirus
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
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March 25, 2020 - Coronavirus
Federal Antitrust Agencies Encourage Appropriate Competitor Collaboration to Address the COVID-19 Crisis
The U.S. antitrust agencies – the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) – have recognized a need for “unprecedented cooperation between federal, state, and local governments and among private businesses to protect Americans’ health and safety” during the
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March 24, 2020 - Coronavirus
A Summary of the Defense Production Act
By: J. Alex Ward
Last week, the President announced that he was invoking a Cold War-era law called the Defense Production Act (DPA), 50 U.S.C. §§ 4501 et seq ., to ensure the Nation is able to acquire the “health and medical resources needed to respond to the
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March 24, 2020 - Labor & Employment, Coronavirus
Practical Considerations for Requiring Employees to Report to Work in Light of COVID-19 Stay-At-Home Orders
By: Andrew R. Turnbull and Victoria Dalcourt Angle
As the number of reported cases of COVID-19 continues to increase dramatically, several states, including California, Connecticut, Illinois, Massachusetts, Maryland, New York, New Jersey, Ohio, and Louisiana, have issued public health orders requiring over one-fourth of Americans to stay at home. More states are
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March 23, 2020 - Coronavirus, Cybersecurity & Data Privacy
Cyber Preparedness for Government Contractors: Opportunistic Hackers and the COVID-19 Pandemic
By: Tina D. Reynolds and Sandeep N. Nandivada
The COVID-19 pandemic has disrupted operations across the globe as government agencies and corporations grapple with the implications of remote work, workforce and workplace limitations, and employee health and safety. But while this worldwide crisis has introduced new complexities and challenges, it also has
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March 23, 2020 - Coronavirus
The Defense Production Act: a Little Known Statute that May Soon Be Running Your Company
By: J. Alex Ward
Last week, the President invoked a Cold War-era law called the Defense Production Act (DPA), 50 U.S.C. §§ 4501 et seq ., to acquire much-needed medical supplies and equipment during the COVID-19 pandemic. Although a handful of provisions of the DPA – such as
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March 20, 2020 - Federal Procurement, Compliance, Coronavirus
Update: COVID-19/Coronavirus Webinar Series: Concerns for Government Contractors (MATERIALS)
By: J. Alex Ward
Updated to add final materials, which can be accessed here. Replays of the webinar can be accessed here. Please join Morrison & Foerster Government Contracts + Public Procurement practice co-chair Alex Ward , and partner Dan Chudd for a webinar concerning what government contractors
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Welcome to the Government Contracts Insights Blog

Treasury Department Issues Guidance (and Application) for Paycheck Protection Program Loans

By: Tina D. Reynolds and Damien C. Specht

The Sovereign Acts Doctrine: Understanding COVID-19 Implications For Your Government Contract

By: Kevin P. Mullen and Sandeep N. Nandivada

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

Contractor Relief Unclear Under the CARES Act

By: J. Alex Ward

Federal Antitrust Agencies Encourage Appropriate Competitor Collaboration to Address the COVID-19 Crisis

A Summary of the Defense Production Act

By: J. Alex Ward

Practical Considerations for Requiring Employees to Report to Work in Light of COVID-19 Stay-At-Home Orders

By: Andrew R. Turnbull and Victoria Dalcourt Angle

Cyber Preparedness for Government Contractors: Opportunistic Hackers and the COVID-19 Pandemic

By: Tina D. Reynolds and Sandeep N. Nandivada

The Defense Production Act: a Little Known Statute that May Soon Be Running Your Company

By: J. Alex Ward

Update: COVID-19/Coronavirus Webinar Series: Concerns for Government Contractors (MATERIALS)

By: J. Alex Ward