The Basics of Undefinitized Contractual Actions (UCAs)

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 to use available tools to accelerate cash flow to contractors and ...›

May 5, 2020Coronavirus, Small Business

CARES SBA Loan Eligibility and Process (UPDATED)

(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 last year, whichever is less, from the Small Business Administration (“SBA”). ...›

Department of Defense March Towards CMMC Continues

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 highlight some recent developments, preview upcoming activities pertaining to CMMC, and ...›

April 27, 2020Coronavirus, Small Business

House Passes a $484 Billion Relief Package; Treasury and the SBA Release New Guidelines for PPP Loans

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), which had its initial $349 billion in appropriated funding exhausted just ...›

April 16, 2020Intellectual Property

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 in technical data and computer software.  These were, and essentially remain, ...›

April 15, 2020Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for March 2020

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 has the COVID-19 Pandemic impacted anti-corruption enforcement? What did the Organization for Economic Cooperation and Development’s (OECD) ...›

April 10, 2020Coronavirus, Small Business

SBA Overhauls the Disaster Loan Application Process in Response to the CARES Act

During these uncertain times, small businesses have been pursuing both Paycheck Protection Program and SBA Economic Injury Disaster loans.  Note, however, that Disaster loan applications submitted manually to the SBA prior to March 27 may require resubmission.  After the passage of the CARES Act, to expedite the loan processing, SBA streamlined the application process.  This ...›

April 9, 2020Coronavirus

Guidance Issued for CARES Act Relief For Contractors

In an earlier post concerning contractor relief under the CARES Act, we noted Section 3610 as one of the provisions most likely to benefit government contractors directly because it allowed for agencies to modify contracts to reimburse contractors for costs associated with paid leave (including sick leave) that were incurred to keep employees in a ready ...›