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Government Retail Therapy: Congress Removes Cap on OTA for Public Health Emergencies

In an effort to combat the spread of COVID-19, Congress is seeking to eliminate some red tape surrounding biomedical research and development. Specifically, Congress has removed approval requirements on specific transitions to support advanced research and development initiatives. In terms of the mechanics, the $2 trillion Coronavirus Aid, Relief, and Economic Security Act (aka the CARES Act) modified an existing statute that authorized expenditures on advanced research for developing “a

Koprince Law LLC

Koprince Law LLC

 

SBA’s Economic Injury Disaster Loan Program Expanded for COVID-19 Disaster

The Coronavirus Aid, Relief, and Economic Security (CARES) Act created the Paycheck Protection Program as one tool to help small businesses. But it also provided for additional emergency funds under the SBA’s existing Economic Injury Disaster Loan (EIDL) program. Congress appropriated $10 billion for the program. Here are some of the main details on this program. The CARES Act expands and modifies the existing EIDL program in a number of important ways. The existing loan rules, unless mo

Koprince Law LLC

Koprince Law LLC

 

SmallGovCon Week In Review: March 30 – April 3, 2020

This past week, SmallGovCon continued to provide important updates and insights related to how federal contractors can prepare and support their business during this unprecedented response to the COVID-19 pandemic. Because we’ve provided a lot of information, I’ve summarized what our authors discussed in the past week, as well as providing a roundup of other news in the government contracting arena. Here’s what our authors wrote about: Details on the new Paycheck Protection Pr

Koprince Law LLC

Koprince Law LLC

 

Can Foreign-Owned Entities Receive Paycheck Protection Program Funds or Not?

Based on the text of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the fact that a company has foreign owners shouldn’t necessarily disqualify it from participating in the Paycheck Protection Program (PPP). But the form used to apply says otherwise. A company seeking to participate in the program must fill out an application designated as Small Business Administration Form 2483. It requires the applicant to answer several questions, one of which is whether it is a

Koprince Law LLC

Koprince Law LLC

 

Defense Department Provides COVID-19 Guidance

Last week, John Mattox wrote of OMB’s guidance to contracting officers in dealing with the extraordinary challenges caused by COVID-19. Among other things, OMB instructed agencies to be flexible in providing extensions on performance deadline and encouraged open communication with industry partners on the response to COVID-19. Now, the Department of Defense—the federal government’s largest purchasing unit—has issued its own guidance to constituent agencies. Overall, DoD’s guidance ec

Koprince Law LLC

Koprince Law LLC

 

Client Spotlight: Penn Parking Fights COVID-19 by Making Face Shields

When you are a business that manages parking lots and garages and then suddenly out of the blue the entire country stops leaving the house, well, you’d be excused for some despair. But that’s not what Penn Parking, Inc., did. Instead, it decided to help. It is making face shields for doctors, nurses, and other healthcare professionals on the front lines in Maryland, where Penn Parking is located. Penn Parking, who has been a Koprince Law client since 2015, has made and distributed h

Koprince Law LLC

Koprince Law LLC

 

Paycheck Protection Program under the CARES Act: Keeping Small Business Workers Employed

In the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Congress appropriated $349 billion for loans to small businesses. These loans, issued under the Paycheck Protection Program, are aimed at helping small businesses keep their workers on payroll by providing loans, up to $10 million, that are partially forgivable. Let’s explore some of the details of this important program instituted as part the U.S. Government’s response to COVID-19. Eligible Entities. The program covers s
 

DoD Warns Contractors to be Wary of Adversarial Investments during Pandemic

DoD’s Acquisition and Sustainment Leaders recently updated the public on DoD’s COVID-19 acquisition policy at the Pentagon and announced a joint task force to handle the influx in medical and personal protective equipment needs. One of DoD’s primary points of focus during this conference was a warning to contractors about adversarial capital during this crisis. DoD announced three lines of effort in place to combat the current COVID-19 crisis: assess, protect, and promote. It will asses
 

Raising the Roofs . . . and Floors: Acquisition Thresholds in the Time of Emergency

As many contractors have heard, the President declared a state of emergency under the Stafford Act. What will this mean for acquisitions conducted while the COVID-19 emergency continues? In this post, I’ll dig into some contractor-specific effects of that declaration: modifying the micro-purchase, simplified acquisition, and commercial purchase acquisition thresholds. Here are the thresholds that will be increased for responsive supplies and services: Micro-purchase thresholds–fro
 

Winding Down: COVID-19 Work Stoppages & Suspensions

Many contractors are facing work stoppages or suspensions because of COVID-19—especially where working from home is not feasible. This blog post aims to provide a little bit of clarity about work stoppages, suspensions, and the FAR’s excusable delays provision. Government agencies can pause, or stop, work for several different reasons and in a number of different ways. I’ll discuss the major ones below: stop-work orders and suspensions. FAR 52.242-15-Stop-Work Order is used for supp
 

SmallGovCon Week In Review: March 23 – March 27, 2020

This week, the attorney-authors at SmallGovCon have provided recommendations, tips, and updates on how contractors can deal with the effects of COVID-19 on their work. In this week in review, I’ve highlighted some of those updates in case readers might have missed them. But I’m also sharing some of the news from other sources about federal contracting in the age of COVID-19 and other updates. Here are some highlights from our COVID-19 Contractor’s Toolkit: How Congress can help sma
 

SmallGovCon Week In Review: March 23 – March 27, 2020

This week, the attorney-authors at SmallGovCon have provided recommendations, tips, and updates on how contractors can deal with the effects of COVID-19 on their work. In this week in review, I’ve highlighted some of those updates in case readers might have missed them. But I’m also sharing some of the news from other sources about federal contracting in the age of COVID-19 and other updates. Here are some highlights from our COVID-19 Contractor’s Toolkit: How Congress can help sma
 

Dealing with Contract Alterations and Modifications Due to COVID-19

There are many questions facing contractors during this time of upheaval from the coronavirus and the impact on the federal government’s role buying from federal contractors. We’ll try to address as many of them as we can through our COVID-19 Contractors’ Toolkit. One of the biggest questions is what can be done if the government modifies a contract, cancels work, or reschedules the performance of work. In that situation, it’s important to understand both the impacts on the prime contractor and
 

Dealing with Contract Alterations and Modifications Due to COVID-19

There are many questions facing contractors during this time of upheaval from the coronavirus and the impact on the federal government’s role buying from federal contractors. We’ll try to address as many of them as we can through our COVID-19 Contractors’ Toolkit. One of the biggest questions is what can be done if the government modifies a contract, cancels work, or reschedules the performance of work. In that situation, it’s important to understand both the impacts on the prime contractor and
 

President Invokes Stafford Act: What that Means for Federal Contractors

Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121-5207), or more commonly the “Stafford Act,” the President can declare an “emergency” or, if the incident is more serious, a “major disaster.” These declarations, among other things, give federal contracting officials certain acquisition flexibilities not normally available. In response to COVID-19, President Trump declared a nationwide emergency (an unusual step because these declarations are typically
 

President Invokes Stafford Act: What that Means for Federal Contractors

Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121-5207), or more commonly the “Stafford Act,” the President can declare an “emergency” or, if the incident is more serious, a “major disaster.” These declarations, among other things, give federal contracting officials certain acquisition flexibilities not normally available. In response to COVID-19, President Trump declared a nationwide emergency (an unusual step because these declarations are typically
 

COVID-19 & SBA 8(a) Program Suspensions: FAQs

If you are a government contractor participating in the Small Business Administration’s 8(a) Business Development Program, there is a good chance you received an email this week about COVID-19 and the SBA’s 8(a) suspension authority. What is this authority and, more importantly, how would suspension impact your 8(a) status? In this post, we aim to provide some answers to frequently asked questions about these suspensions. 1 – What is the SBA’s suspension authority and how does it apply
 

COVID-19 & SBA 8(a) Program Suspensions: FAQs

If you are a government contractor participating in the Small Business Administration’s 8(a) Business Development Program, there is a good chance you received an email this week about COVID-19 and the SBA’s 8(a) suspension authority. What is this authority and, more importantly, how would suspension impact your 8(a) status? In this post, we aim to provide some answers to frequently asked questions about these suspensions. 1 – What is the SBA’s suspension authority and how does it apply
 

Sole-Source Options for Agencies During the COVID-19 Pandemic

The current COVID-19 pandemic has prompted the federal government to take drastic measures. It has altered many aspects of federal contracting for contractors and agencies alike. During these trying times, agencies also have the authority to streamline some contracting procedures. Let’s take a look. FAR part 18 provides “acquisition flexibilities” that are available to contracting officers for emergency acquisitions. What are acquisition flexibilities, you ask? They are “specific techni
 

Sole-Source Options for Agencies During the COVID-19 Pandemic

The current COVID-19 pandemic has prompted the federal government to take drastic measures. It has altered many aspects of federal contracting for contractors and agencies alike. During these trying times, agencies also have the authority to streamline some contracting procedures. Let’s take a look. FAR part 18 provides “acquisition flexibilities” that are available to contracting officers for emergency acquisitions. What are acquisition flexibilities, you ask? They are “specific techni
 

Did the FAR Plan For COVID-19? Yes, Sort of

There’s not many people or organizations that can say they anticipated the spread of this pandemic disease that is confining million to their homes as part of stay in place orders and self quarantines. Though the FAR Council did not foresee that the coronavirus and COVID-19 would trap contractors in their homes, it did anticipate that from time to time events completely out of the control of contractors may conspire to affect the performance of contracts—though perhaps not to this magnitude
 

Did the FAR Plan For COVID-19? Yes, Sort of

There’s not many people or organizations that can say they anticipated the spread of this pandemic disease that is confining million to their homes as part of stay in place orders and self quarantines. Though the FAR Council did not foresee that the coronavirus and COVID-19 would trap contractors in their homes, it did anticipate that from time to time events completely out of the control of contractors may conspire to affect the performance of contracts—though perhaps not to this magnitude
 

OMB Offers Guidance to Agencies about Managing Contractors during COVID-19

Late last week, the Office of Management and Budget issued a memo providing direction to agencies on how to best coordinate with and manage contractors as the nation presses through the disruption caused by COVID-19. Below are some of the salient points. Before addressing frequently asked questions, the memo (“Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (COVID-19)”) offers three general recommendations. First, acknowledging that some contractors may
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