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... ›
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... ›Federal Antitrust Agencies Encourage Appropriate Competitor Collaboration to Address the COVID-19 Crisis
By: David D. Cross
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... ›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... ›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... ›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... ›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... ›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... ›OFCCP Issues National Interest Exemption for New Coronavirus Relief Contracts
By: Andrew R. Turnbull and Victoria Dalcourt Angle
On March 17, 2020, the Office of Federal Contract Compliance Programs (“OFCCP” or the “Agency”) issued a National Interest Exemption memorandum providing a limited, three-month exemption to new supply and service and construction contracts entered into specifically to provide Coronavirus relief. The exemption waives... ›COVID-19 Update: New California Order and DHS Critical Infrastructure Guidance
As we noted in an earlier post , various states and localities are issuing rapidly evolving directives on the extent to which businesses may continue ordinary operations in their jurisdictions and which businesses are exempt from those directives (or subject to less restrictive obligations).... ›