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Compliance Burdens Grow With Rule Barring Government Contractors’ Use of Telecommunications Equipment or Services From Certain...

The U.S. government has issued a long-awaited rule implementing legislation to prevent federal agencies from contracting with entities that use telecommunications equipment or services produced or provided by Huawei...more

SBA’s Expanded “Safe Harbor” May Reduce, But Does Not Eliminate, Enforcement Risks for Businesses Seeking PPP Loans

Borrowers that, together with their affiliates, received Paycheck Protection Program (PPP) loans in an aggregate amount less than $2 million will be deemed to have made their certification that the loan was “necessary” in...more

Congress Approves New Funding for PPP Loans and EIDLs; SBA Issues Updated FAQ Regarding “Necessity”

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, established the Paycheck Protection Program (PPP), a loan program that made $349 billion available to small businesses...more

CARES Act Guidance Outlines Ways for Government Contractors to Obtain Reimbursement for Paid Leave to Employees and Subcontractors

The Office of Management and Budget (OMB) and several federal agencies have issued guidance implementing a provision in the CARES Act that allows government contractors to be reimbursed for paid leave to employees and...more

Small Business Loans and the CARES Act: What PE and VC Investors Need to Know About the SBA’s Affiliation Rules

A key feature of the nearly $2 trillion economic stimulus bill signed into law on March 27, 2020, is the creation of a $350 billion “Paycheck Protection Program” (PPP) to authorize loans to businesses affected by the COVID-19...more

OMB Issues COVID-19 Guidance for Government Contract Performance

The Office of Management and Budget (OMB) issued guidance on March 20, 2020, to the heads of executive departments and agencies regarding contract performance issues associated with COVID-19. That guidance, in the form of a...more

How the Defense Production Act May Affect Healthcare and Medical Supply Companies

Due to rising concerns about the recent outbreak of the novel coronavirus, President Trump signed an executive order on March 18, 2020, invoking his authority under the Defense Production Act (DPA). The order designates...more

Federal Circuit Decides Country of Origin Test for Drugs Under Trade Agreements Act

What is a thing? On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit gave us a new answer to this old philosophical question. In the case of pharmaceuticals, the U.S. Department of Veterans Affairs (VA)...more

Department of Defense Issues Final Rule Restricting the Use of LPTA Procurements

Effective October 1, 2019, a new rule issued by the U.S. Department of Defense (DOD) amends the Defense Federal Acquisition Regulation Supplement (DFARS) to limit the use of lowest price technically acceptable (LPTA)...more

New Rule Prohibits U.S. Government Agencies From Acquiring Telecommunications Equipment or Services From Huawei, ZTE, Certain...

In an interim rule published on August 13, 2019, the U.S. government revised the Federal Acquisition Regulation (FAR) to prohibit federal agencies from acquiring telecommunications equipment or services produced or provided...more

Proposed Changes to Small Business Rules That All Government Contractors Need to Know

The Small Business Administration (SBA) issued a proposed rule on December 4, 2018, to implement, among other things, certain provisions of the National Defense Authorization Acts (NDAA) of 2016 and 2017. The proposed rule,...more

DOD Proposed Rule Limits the Use of LPTA

The U.S. Department of Defense (DOD) proposed to amend the Defense Federal Acquisition Regulation Supplement (DFARS) on December 4, 2018, to limit the use of lowest price technically acceptable (LPTA) procurements. The...more

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