The President is invoking the Defense Production Act (DPA), 50 U.S.C. §§ 4501 et seq., to acquire much needed medical supplies and equipment. Meanwhile, contractors that already are performing DX or DO rated orders under the DPA are asking if the Act can be used affirmatively by them to avoid shutdown or shelter-in-place orders issued ...›
As the COVID-19 situation continues to develop day by day, and even hour by hour, many jurisdictions are issuing guidance regarding quarantines and work restrictions that may affect the operations of government contractors. In this blog, we cover updates on the situation in California, New York, and Pennsylvania. In the San Francisco Bay area, as ...›
On March 11, 2020, the World Health Organization officially declared the worldwide outbreak of the novel coronavirus, COVID-19, a pandemic. As the ripple effects from COVID-19 continue to grow, employers are increasingly facing difficult questions about how to address temporary workplace closures as well as possible furloughs and reductions in force due to the looming ...›
Popular science fiction is replete with examples of artificial intelligence (AI) gone awry, from HAL, the killer AI of Arthur C. Clarke’s 2001: A Space Odyssey, to the supercomputer bent on nuclear annihilation in WarGames, to the robot forces of 2004’s I, Robot. Concern about the secure, effective, and unbiased use of AI by the ...›
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: What did several federal courts have to say about the elements of a Foreign Corrupt Practices Act (FCPA) ...›
The Biomedical Advanced Research and Development Authority (BARDA), part of the U.S Department of Health and Human Services, Office of the Assistant Secretary for Preparedness and Response, has modified an existing broad agency announcement (BAA) through which it will award government funding to companies seeking to develop products designed to diagnose, prevent or treat coronavirus ...›
This installment of our monthly Law360 bid protest spotlight features three noteworthy decisions from the Government Accountability Office (“GAO”) concerning reprocurement contracts, timeliness rules, and discussions. Steel Point Solutions, LLC addresses the proper scope of reprocurement contracts. Vizocom provides a cautionary tale for contractors regarding late proposal submissions. Finally, Education Development Center, Inc. addresses the ...›
As the novel coronavirus, COVID-19, invades more and more of everyday life, the chance it will affect government contracts and government contractors becomes more and more likely. These effects might include workforce reductions from those out sick, travel restrictions, base closures, or telework. Indeed, as reported earlier this week in National Defense magazine, Representative Mac ...›
Morrison & Foerster Government Contracts associate Sandeep Nandivada, with assistance from law clerk David Allman*, discuss FCA liability for prime contractors in this issue of the American Bar Association’s The Procurement Lawyer publication. See below for an excerpt: The specter of the civil False Claims Act (FCA) is, by now, well known to companies doing ...›
Please join Morrison & Foerster LLP, Coalfire Federal, and Grant Thornton Public Sector on Thursday, February 27 at 12PM EST for a deep dive into the key aspects of the Department of Defense’s Cybersecurity Maturity Model Certification (CMMC) process and how it will affect your business. Register here. Panelists will provide an overview of CMMC, ...›