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Inside Government Contracts

CARES Act Includes New Route to Recovery for Contractors Affected By COVID-19

By Michael Wagner, Jeff Bozman, Samantha Clark & Peter Terenzio

April 6, 2020

Contractors sidelined by facility closures and stay-at-home orders in the wake of the COVID-19 pandemic may now have a new pathway to recovering idle labor costs. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act includes a provision, Section 3610, that provides a new form of relief for contractors facing delays and additional costs as a result of employees being unable to work due to quarantine restrictions.…

Inside Government Contracts

New Paid Sick Leave Requirements Impact Government Contractors

By Jeff Bozman

March 31, 2020

Recent legislation significantly expanded many workers’ entitlement to paid sick leave and paid family leave. These new benefits take effect on April 1st. Our employment and benefits experts have described those requirements in a series of posts, including overviews here and here, and New York-specific considerations here. Federal government contractors should pay particular attention to these new benefits and the way they interact with other paid sick leave requirements.…

Inside Government Contracts

Defense Production Act Anti-Hoarding Provisions Invoked for Coronavirus

By Jennifer Plitsch, Tyler Evans, Andrew Guy & Carl Wiersum

March 30, 2020

The Department of Health and Human Services published a notice on March 30, 2020 — effective March 25, 2020 — designating certain COVID-19-related personal protective equipment (“PPE”) and materials as “scarce” or “threatened” materials subject to the Defense Production Act’s (“DPA”) anti-hoarding provisions. As a result of this notice, the DPA now prohibits the accumulation of these materials in excess of reasonable demands of business, personal, or home consumption. The notice also results in a…

Inside Government Contracts

The Defense Production Act and the Coronavirus Executive Order: Key Considerations

By Frederic Levy, Jennifer Plitsch, Tyler Evans, Carl Wiersum & Sarah Shepson

March 19, 2020

Following up on our post earlier this week giving a general overview of the Defense Production Act of 1950 (“DPA”), 50 U.S.C. §§4501 et seq., this post comments on President Trump’s March 18, 2020 Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (the “COVID-19 E.O.”) and provides some key considerations that companies should keep in mind if they are concerned about receiving prioritized or rated contracts…

Inside Government Contracts

The Likely Effects of COVID-19 on Contract Awards and Contract Formation

By Kayleigh Scalzo & Jay Carey

March 18, 2020

As a result of novel Coronavirus (SARS-CoV-2) and COVID-19, federal and state governments have a sudden and unanticipated need for more goods and services. Some of those goods and services are highly specialized and specific to Coronavirus and COVID-19. But governments also have an increased and urgent need to buy otherwise-routine goods and services that have become newly critical in the wake of COVID-19. All of this means that there are and will be procurements…

Inside Government Contracts

State of Emergency: COVID-19, the Stafford Act, and What It All Means for Contractors

By Trisha Anderson, Frederic Levy, Michael Wagner & Ryan Burnette

March 18, 2020

On March 13, the President declared a national emergency in response to the COVID-19 pandemic. Doing so activated the authorities available to the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207 (the “Stafford Act”) to provide federal assistance to state and local governments responding to the emergency, including financial assistance. The federal assistance is coordinated and provided through the Federal Emergency Management Agency (“FEMA”) under the National…

Inside Government Contracts

FLSA Considerations In Response to Government COVID-19-Related Directions

By Dan Johnson & Nooree Lee

March 18, 2020

As federal agencies adjust their worksites to the realities of the COVID-19 pandemic, these changes will likely have a direct impact on government contractors and their employees who work at those sites. If the government closes or reduces operations at a site, a contractor may be forced to furlough or reduce the hours of employees. Some reduction actions could result in an employee who was exempt from overtime payments under the Fair Labor Standards Act…

Inside Government Contracts

Can I Recover the Added Costs of Work Caused by COVID-19?

By Michael Wagner, Susan B. Cassidy, Evan R. Sherwood & Peter Terenzio

March 17, 2020

As the fallout from COVID-19 continues, federal contractors in every industry are seeing significant impacts on their ability to perform, ranging from scheduling delays to supply chain interruptions and increased costs of performance. We previously addressed the rules and regulations governing excusable delays, which permit a contractor to avoid default if a failure to perform arises from causes beyond its control. This next post addresses key FAR provisions that may entitle a contractor to…

Inside Government Contracts

A Coronavirus Contractor’s Guide to the Defense Production Act

By Jennifer Plitsch, Tyler Evans & Carl Wiersum

March 17, 2020

As a followup to our recent post on the implications of the PREP Act for government contractors working to respond to the COVID-19 outbreak, this post will provide an overview of the Defense Production Act—including its key powers that the federal Government might invoke to counter the pandemic.…

Inside Government Contracts

A Coronavirus Contractor’s Guide to the PREP Act

By Jennifer Plitsch, Tyler Evans & Carl Wiersum

March 13, 2020

We’ve covered several topics already this week on the U.S. Government’s varied responses to the COVID-19 outbreak and how these responses will affect contractors that do business with the government, including BARDA’s EZ-BAA for COVID-19 diagnostics, mission-essential services during the outbreak, and how excusable delay provisions may help federal contractors affected by the outbreak. But one area that has yet to receive in-depth discussion is the federal government’s mechanisms for addressing liability…

Inside Government Contracts

Procurement Law and Policy Insights

Blog Authors

CARES Act Includes New Route to Recovery for Contractors Affected By COVID-19

New Paid Sick Leave Requirements Impact Government Contractors

Defense Production Act Anti-Hoarding Provisions Invoked for Coronavirus

The Defense Production Act and the Coronavirus Executive Order: Key Considerations

The Likely Effects of COVID-19 on Contract Awards and Contract Formation

State of Emergency: COVID-19, the Stafford Act, and What It All Means for Contractors

FLSA Considerations In Response to Government COVID-19-Related Directions

Can I Recover the Added Costs of Work Caused by COVID-19?

A Coronavirus Contractor’s Guide to the Defense Production Act

A Coronavirus Contractor’s Guide to the PREP Act

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