Government Contracts

BLOG: Defense Production Act Orders for COVID-19 Related Medical Equipment

April 7, 2020
By Jonathan Pomerance
The outbreak of COVID-19 has rapidly increased demand for medical supplies and equipment such as N95 respirators, isolation gowns, isolation masks, surgical masks, eye protection, intensive care unit equipment, and diagnostic testing supplies. To address the resulting shortage, President Trump issued Executive Order 13909 on March 18, 2020, under the Defense Production Act of 1950 (DPA), authorizing the Department of Health and Human Services to prioritize orders for "health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators." The DPA allows the government to issue "rated orders" which take priority over a contractor's pre-existing government and commercial contracts. If you are a contractor providing medical equipment and you receive a rated order for the equipment identified above, it could disrupt pre-existing contracts and operations. Accordingly, it is critical to know your rights and obligations under the DPA.
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BLOG: HUBZone Program Flexibility During the COVID-19 Outbreak

March 31, 2020
By Jon Williams
In a webinar on March 25, 2020, officials with SBA's HUBZone Program showed that SBA understands the unprecedented COVID-19 outbreak has created some unique challenges for HUBZone firms. Fortunately, SBA acted proactively to provide flexibilities to HUBZone firms that are struggling to maintain their principal office location and employees during this challenging time.
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BLOG: JEDI Update: Pentagon Files Voluntary Motion for Remand to Reconsider Microsoft Award

March 27, 2020
By Lauren Brier
On March 12, 2020, the Department of Defense (DOD) filed a motion for voluntary remand requesting that the Court of Federal Claims (COFC) remand the Joint Enterprise Defense Infrastructure (JEDI) contract case for 120 days. This would allow DOD to reconsider certain aspects of its decision to award the JEDI contract to Microsoft. DOD's re-evaluation could signify major flaws in the process.
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BLOG: 8(a) Contractors: To Suspend or Not Suspend In Light of COVID-19

March 25, 2020
By Meghan F. Leemon
If you are an 8(a) contractor, you may have received a notification from your Business Opportunity Specialist regarding a voluntary suspension due to the March 13, 2020 declaration of a national emergency concerning the COVID-19 outbreak. Covered below are considerations for 8(a) government contractors before they decide to suspend or not to suspend their participation in the 8(a) program.
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BLOG: Raytheon Challenges CO Intellectual Property Decision in COFC

March 17, 2020
By Patrick T. Rothwell
In a recent Court of Federal Claims (COFC) case, Raytheon Corporation (Raytheon) challenged a federal agency order that a Government Purpose Right (GPR) legend be affixed to documents purportedly containing technical data. COFC held that the contracting officer's (CO) decision that the documents contained technical data and the CO order to affix a GPR legend constituted a claim under COFC jurisdiction. This demonstrates that government contractors may challenge similar intellectual property disputes in COFC, despite an adverse final decision from a CO.
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