April 8, 2020Coronavirus

Congress, DoD Encourage Use of Other Transaction Authority in Response to COVID-19

Department of Defense (“DoD”) acquisition chief Ellen Lord earlier this week issued a memorandum reducing internal approvals required to issue other transactions (“OTs”) for prototype projects related to the national emergency declaration for the Coronavirus Disease 2019 (“COVID-19”).  Under the temporary authority, granted by Congress in Section 13006 of the Coronavirus Aid, Relief, and Economic ...›

April 7, 2020Coronavirus

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 percent for large business concerns and from 90% to 95% for ...›

April 7, 2020Coronavirus

COVID-19: Getting Compensated for Delays and Disruptions

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 provided by federal, state, and local authorities. On March 30, the ...›

April 6, 2020Protests & Litigation

March Bid Protest Roundup (Law360 Spotlight)

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 see more written debriefings, debriefings conducted by phone, or delayed debriefings, ...›

April 6, 2020Coronavirus

Newly Issued Interim Rules Update Paycheck Protection Program Loan Eligibility Considerations

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 Final Rule (SBA-2020-0015), which specifically did not address affiliation.  The new PPP ...›

April 1, 2020Coronavirus, Small Business

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

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 apply for loans to cover payroll costs, rent, and utilities.  Some ...›

March 30, 2020Coronavirus

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

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 the potential impacts the pandemic may have on ongoing contracting activities, we have ...›