On June 17, 2020, the Pandemic Response Accountability Committee (PRAC) issued its first report, “Top Challenges Facing Federal Agencies: COVID-19 Emergency Relief and Response Effort” (the “Report”). PRAC was established by the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). It consists of the twenty-one offices of inspectors general (OIGs) that oversee the
Coronavirus Update: First Pandemic Response Accountability Committee Report Emphasizes Government-Wide Concerns About Fraud and Grant Management
On Wednesday, June 17, 2020, the Pandemic Response Accountability Committee (“PRAC”), composed of 21 Offices of Inspector General overseeing agencies that received the most CARES Act funds, released its first report, “Top Challenges Facing Federal Agencies: COVID-19 Emergency Relief and Response Efforts.” The report was derived from information provided by 37 Offices of Inspector
Revisions to DOJ’s Corporate Compliance Guidance Indicate that a Dynamic, Data-Driven and Well-Resourced Compliance Program is More Important than Ever
On Monday, June 1, 2020, the Department of Justice’s (DOJ’s) Criminal Division issued an updated version of the “Evaluation of Corporate Compliance Programs” guidance. The guidance was originally published by the Criminal Division’s Fraud Section in February 2017, and last revised in April 2019. The updated guidance emphasizes the need for companies to
Coronavirus Update: GSA Issues Class Deviation Regarding Implementation of Section 3610 of the CARES Act
On April 21, 2020, the General Services Administration (GSA) Office of Governmentwide Policy, issued Class Deviation CD-2020-12, effective immediately, which sets forth implementation guidance for Section 3610 of the CARES Act and creates a new General Services Administration Acquisition Regulation (GSAR) contract clause.
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Coronavirus Update: GSA Makes BAA and TAA Non-Availability Exception Due to COVID-19 National Emergency, Applicable to GSA Schedule Orders
On April 3, 2020, the General Services Administration (GSA) issued a class determination of non-availability under both the Buy American Act (BAA) and Trade Agreements Act (TAA) clauses, effective through July 1, 2020 and applicable to GSA Schedule orders, to address the immediate and urgent needs of GSA and other agencies to preserve lives in
Launch of GSA Coronavirus Procurement-Related Website
The General Services Administration (GSA) recently launched a website dedicated to Coronavirus Acquisition-Related Information and Resources. It’s our understanding that the website will be updated regularly and will create a helpful catalogue of public facing guidance, policies, frequently asked questions, and other information generated by federal government agencies on COVID-19-related procurement matters. In addition, the
OMB Issues Additional Guidance to Grant Recipients
As signaled as a possibility in its March 9, 2020 guidance in Memorandum M-20-11, the Office of Management and Budget (OMB) issued Memorandum M-20-17 on March 19 to provide short term administrative, financial management and audit relief from the 2 CFR Part 200 Uniform Guidance requirements to a broader scope of recipients of grants
Department of Defense Issues Defense Industrial Base Memorandum
Following the March 19, 2020 guidance issued by the Department of Homeland Security’s Cybersecurity and Infrastructure Agency (CISA) on “essential” critical infrastructure workers during COVID-19, the Department of Defense (DoD) issued a memorandum today reiterating that the Defense Industrial Base (DIB) is identified as a critical infrastructure sector by DHS, and that those who
New Rules Combating Trafficking in Counterfeit and Pirated Goods Impact E-Commerce
On January 31, 2020, the Trump administration issued an executive order cracking down on U.S. businesses that import directly or facilitate the import of counterfeit or pirated goods, illegal narcotics and other contraband. The order, entitled “Ensuring Safe & Lawful E-Commerce for US Consumers, Business, Government Supply Chains and Intellectual Property Rights,” directs
Federal Circuit Confirms Qualification as a “U.S.-Made End Product” under the TAA, Does Not Require Substantial Transformation in the U.S.
Today, in Acetris Health, LLC v. United States, the Federal Circuit held that a pharmaceutical manufactured in the United States qualified for sale, under the TAA, to the Department of Veterans Affairs even though the active pharmaceutical ingredient (API) came from a non-designated country, India. In reaching this decision, the court questioned, without deciding,