May 19, 2020Coronavirus, Small Business

PPP Loan Forgiveness Application is Finally Here

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 the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).  One of ...›

Are Foreign Employees Included in Calculating Size for PPP’s 500-Employee Size Standard? New Guidance Makes the Answer Unclear

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 allow potentially the entire loan amount to be forgiven if the ...›

May 12, 2020Coronavirus, M&A

M&A Considerations Regarding CARES Act Loan Programs and Other Relief

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 careful to ensure that their transaction activities do not inadvertently alter ...›

Try, Try Again

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 buy into any of the Government’s arguments, finding that an undisclosed ...›

May 7, 2020False Claims Act

Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Problems (Morrison & Foerster’s Remote Learning Series Session #2)

Join Alex Ward and Rachael Plymale for the second presentation in Morrison & Foerster’s Government Contracts Remote Learning Series. Register here. In “Effective Internal Investigations and Disclosures:  Identifying and Managing False Claims Act Concerns,” Alex and Rachael will discuss high-risk areas for contractors, explain how to manage FCA problems if they do occur, assess recent developments ...›

May 6, 2020Coronavirus, Small Business

Is My Company’s PPP Loan “Necessary to Support Ongoing Operations?” What If I’m Wrong?

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 Paycheck Protection Program (PPP), it is important to separate what guidance ...›

May 6, 2020Protests & Litigation

April Bid Protest Roundup (Law360 Spotlight)

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 an agency’s requirement (or lack thereof) to conduct a price realism ...›