Photo of Amy Laderberg O'SullivanPhoto of Paul J. PollockPhoto of Jeffrey C. SelmanPhoto of Olivia Lynch

In the early morning hours of April 3, 2020, SBA has released an overhauled Paycheck Protection Program (PPP) loan application form (SBA Form 2483) and Treasury has posted a draft temporary Interim Final Rule implementing Sections 1102 and 1106 of the CARES Act. Since the passage of the legislation a week ago and

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On March 30, 2020, the Defense Counterintelligence and Security Agency (DCSA) published COVID-19 NISP Guidance to describe for cleared industry how DCSA will conduct its oversight mission during the pandemic. That guidance includes, among other things:

  • DCSA has suspended all enhanced security vulnerability assessments (ESVA) and other on-site activities. DCSA Industrial Security Representatives (ISR) will

Photo of Amy Laderberg O'SullivanPhoto of Paul J. PollockPhoto of Jeffrey C. SelmanPhoto of Olivia Lynch

With the Paycheck Protection Program (PPP) and funding for the Small Business Administration’s (SBA) Economic Injury Disaster Loans (EDIL) unlocking a combined total of over $360 billion for loans to cover urgent business costs, including payroll costs, employee benefits and leave, mortgage interest payments, debt refinancing, rent and utilities, the CARES Act has extended an

Photo of Kate M. Growley, CIPP/G, CIPP/USPhoto of Evan D. WolffPhoto of Maida Oringher LernerPhoto of Michael G. Gruden, CIPP/G

The Defense Department (DoD) recently released Department of Defense Instruction (DoDI) 5200.48, “Controlled Unclassified Information (CUI),” which provides the DoD’s long-anticipated guidance on how to mark and handle CUI in accordance with the Federal Government’s broader CUI Program and DFARS 252.204-7012.  In doing so, it cancels legacy CUI guidance under DoD Manual 5200.01, Volume

Photo of Peter J. EyrePhoto of J. Chris HailePhoto of Steve McBradyPhoto of David B. RobbinsPhoto of Michelle ColemanPhoto of Nkechi KanuPhoto of Skye MathiesonPhoto of Charles Baek

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), passed by Congress today, offers relief specifically targeted to federal contractors whose employees (1) cannot perform work on a “site that has been approved by the Federal Government ” during the COVID-19 public health emergency due to facility closures or other restrictions and (2) cannot

Photo of Jonathan M. BakerPhoto of Troy A. BarskyPhoto of Alan W. H. GourleyPhoto of J. Chris HailePhoto of John E. McCarthy Jr.Photo of Eric RansomPhoto of Mark RiesPhoto of Stephanie Crawford

On March 23, 2020, the President signed an “Executive Order on Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19” delegating additional authorities under the Defense Production Act of 1950 (“DPA”), which builds on Executive Order (EO) No. 13909, issued March 18, 2020, which we discussed here.

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In a per curiam, unpublished decision in In re Fluor Intercontinental, Inc., issued on March 25, 2020, the Fourth Circuit has provided some valuable guidance concerning how companies may avoid waivers of the attorney-client privilege when making disclosures to the government after privileged internal investigations. While the decision is non-precedential even within the Fourth

Photo of Jonathan M. BakerPhoto of Troy A. BarskyPhoto of Alan W. H. GourleyPhoto of J. Chris HailePhoto of John E. McCarthy Jr.Photo of Eric RansomPhoto of Mark Ries

On March 18, 2020, President Trump significantly expanded the authority delegated to the Secretary of Health and Human Services (HHS) in his “Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid-19.” The Order is based on a finding that, “to ensure that our healthcare system

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The COVID-19 Pandemic continues to cause disruptions across nearly all industrial sectors, including the government contracting industry.  As contractors attempt to respond to challenges in providing support to government customers, meeting contract and staffing requirements, and adhering to contract terms and a flurry of new federal, state and local directives, companies should be aware of

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On February 7, 2020, the ASBCA sustained the appeal of Command Languages, Inc. d/b/a CLI Solutions (CLI) against the Army over increased costs to translate technical manuals. CLI contracted with the Army to translate advanced level armored vehicle maintenance manuals for use by the Afghanistan Army. The advanced level manuals included tasks from basic level