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Category: COVID-19 Client Alerts

Webinar: Practical Guidance for Federal Contractors Navigating a COVID-19 Environment

Smith Pachter McWhorter, Jackson Lewis and BDO will host a webinar on "Practical Guidance for Federal Contractors Navigating a COVID-19 Environment" on Tuesday, April 7, 2020, 1:00 - 2:15 p.m., addressing important issues related to stay-at-home mandates, non-essential business closures and restrictions, and orders related to the COVID-19 pandemic impacting employers.  Federal government contractors face additional challenges with agency, contract or site-specific closures or restrictions impacting their ability to continue work as usual.  At the same time Congress is enacting laws expanding paid and unpaid leave for certain workers, directing federal agencies to consider reimbursement of paid leave for certain government contractors, and providing additional unemployment benefits, loans and tax incentives. Panelists will address questions on these and other issues impacting contractors.

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COVID-19 Client Alert: CARES Act and Implications for Government Contractors

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") into law on March 27, 2020, the largest stimulus act in the history of the United States, amounting to a staggering $6.2 trillion. In addition to direct cash payment to citizens, the majority of the stimulus package is aimed at assisting businesses weather COVID-19's economic fallout. With government response changing and developing rapidly over the coming months, Smith Pachter McWhorter will provide additional guidance and analysis for contractors as the CARES Act and other response legislation is implemented.

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COVID-19 Q&A: A Handbook for Government Contractors During the Coronavirus Pandemic

COVID-19 Government Contractor Handbook. SPM has issued a handbook for government contractors covering topics in a Q&A format to provide simple answers addressing some of the pressing issues and questions we are seeing from the industry. Topics include: recent federal agency guidance, the Defense Production Act and DPAS rated orders, contractor immunity and government indemnity, work site access, force majeure and excusable delays and changes, supplier management, suspension of work and stop work orders, employee notification under the WARN Act, communication with the customer, and maintaining documentation. 

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OMB Guidance Urges Flexibility in Management of Government Contracts During Pandemic - Practical Tips for Contractors

The COVID-19 epidemic is creating uncertainties for contractors performing government contracts due to, among other things, changes in facility access, new health rules, and an evolving situation.  In apparent response to industry concerns, the Office of Management and Budget ("OMB") issued Memorandum M-20-18, “Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (Covid-19)” dated March 20, 2020.  OMB states that the purpose of the memorandum is to identify steps to help ensure contractor health and safety while maintaining continued contract performance in support of agency missions consistent with precautions issued by the Centers for Disease Control and Prevention (CDC).

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COVID-19 Client Alert: Overview of the Defense Production Act and Implications for Government Contractors

By Executive Order dated March 18, 2020, the President invoked wartime powers authority provided in the Defense Production Act ("DPA") to direct private industry in the interests of the national defense. See, 50 U.S.C. Ch. 55; The Defense Production Act of 1950: History, Authorities, and Considerations for Congress (CRS Report No. R43767). The definition of "national defense" is expansive and extends to domestic preparedness, response and recovery from natural hazards, terrorist attacks, and other national emergencies. 50 U.S.C. § 4552(14). The President's authority includes the ability to prioritize government contracts over competing customers for goods and services and allocate or control materials, services, and facilities necessary to promote the national defense. 

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DOJ Prioritizes Fraud Investigations Related to Coronavirus Outbreak and Response

The Department of Justice has mobilized prosecutors and investigators to look for fraud related to the current COVID-19 Coronavirus outbreak.   On Monday, March 16, 2020, Attorney General William Barr directed all U.S. Attorneys nationwide to prioritize the detection, investigation, and prosecution of criminal conduct related to the current pandemic.

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