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Marcia focuses on Government Contracts and Litigation, advising clients on contract formation, teaming and strategic alliances, contract and subcontract negotiations, performance disputes, audits, terminations, cost accounting and allowability, technical data rights and trade secrets, and fraud/false claims investigations • litigates bid protests and claims and disputes before the GAO, the Boards of Contract Appeals, the Court of Federal Claims, and various other federal and state courts • has handled numerous ADR and mediation proceedings • areas of concentration include aerospace and defense contracts, systems integration, information systems and telecommunications contracts, health care and bio-technology, homeland security contracts, environmental remediation, and research and development contracts.

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The National Defense Authorization Act for Fiscal Year 2021 (“the Act”) contains a range of policy reforms and requirements that will impact companies doing business with the Government and the supply chain. Many of these measures will be refined through rulemaking.

Among other provisions, the Act:

  • Modifies the threshold for the Berry Amendment, which restricts

Like a number of states across the country, DC, Maryland, and Virginia (collectively, “the DMV”) have begun to reopen their economies by gradually easing restrictions introduced in late March to slow the spread of the COVID-19 pandemic. Both Virginia and Maryland moved to Phase 1 of their respective reopening plans on May 15, 2020, while a number of local jurisdictions in both states and DC opted to delay their Phase 1 transition until May 29. Although the collective DMV has begun reopening, differences among the area’s jurisdictions persist. The easing of restrictions under the DC statewide plan is more limited than Virginia’s or Maryland’s Phase 1 plans, and several Maryland local jurisdictions are leaving in place some of the restrictions that are eased under Phase 1 of the Virginia statewide plan. Businesses with a presence in multiple DMV jurisdictions will need to understand and incorporate these distinctions as they restart operations across the region.

Continue Reading DC, Virginia, and Maryland Reopen Their Economies at Different Speeds, With DC and Several Local Authorities Lagging Behind

On April 29, 2020, the US Department of Defense (DoD) announced that it had exercised its authority under Title III of the Defense Production Act (“DPA”), 50 U.S.C. § 4501 et seq., to fund increased production capacity for swabs in light of the COVID-19 pandemic.

Section 303 of the DPA provides authority to ensure the timely availability of essential domestic industrial resources to support national defense and homeland security requirements through the use of tailored economic incentives. Authorized incentives include direct purchases and purchase commitments, development of emerging technologies, and the authority to procure and install equipment in private industrial facilities. 50 U.S.C. § 4533.

Previously in April, DoD provided $133 million in Title III contracts to bolster production of N95 respirators.

Continue Reading Defense Production Act: Continuing Use of Title III Authority by DoD

By Executive Order (“EO”) dated April 28, 2020, President Trump invoked the authority of the Defense Production Act (“DPA”) to direct that meat and poultry processing facilities continue operations notwithstanding the COVID-19 pandemic. As explained in our previous Legal Updates,1 the DPA gives the President “an array of authorities to shape national defense preparedness

State emergency or stay-at-home orders vary from jurisdiction to jurisdiction and, during the past month, have shifted to address local issues dealing with COVID-19. The frequent changes across many jurisdictions have presented substantial challenges for contractors with operations in different locations.

To date, 44 states and the District of Columbia have ordered nonessential businesses to

The 50 states and the District of Columbia have issued orders and directives in response to the COVID-19 pandemic. Although common approaches have been taken by many states, each state’s order is different and must be analyzed relative to the work being performed. In most circumstances, contractors that are part of the Defense Industrial Base

In response to the COVID-19 outbreak in the United States, the 50 states and the District of Columbia have adopted a variety of restrictions to contain the spread of the virus. Among other things, governors and state officials have issued stay-at-home orders, banned or restricted gatherings of groups, and ordered closure of certain non-essential business operations. Several states have also imposed varying restrictions on travelers from other parts of the country. Most of these interstate travel restrictions take the form of mandatory 14-day quarantine requirements for people traveling from COVID-19 hot spots, such as New York, New Jersey, Connecticut, and Louisiana. However, some states have taken more aggressive approaches, ranging from highway checkpoints to orders prohibiting hotels from accommodating residents of certain states where the virus is widespread. This post explains and analyzes these restrictions.

Continue Reading COVID-19: States Limit Travel Across Their Borders

On Thursday, April 2, 2020, President Trump issued two memoranda directing use of the Defense Production Act (“DPA”) to (i) facilitate the supply of materials for production of ventilators and (ii) acquire N-95 respirators. Making the determination necessary to trigger the president’s powers under DPA section 101, 50 U.S.C. § 4511, the presidential memoranda determined

Florida is one of many states which have now issued state-wide stay at home orders. Mayer Brown’s Essential Business Team is addressing and will synthesize on our upcoming Essential Business Tracker.

On April 1, 2020, Florida Governor Ron DeSantis issued Executive Order 20-91, limiting workers, citizens, and others in the state to “essential services and activities during [the] COVID-19 emergency.” The Order reflects growing concerns about the spread of the virus; although several populous counties had previously issued similar orders, Governor DeSantis had not imposed a statewide order. The new statewide order will be effective through April 30, 2020 (unless extended by a subsequent order).

Continue Reading Florida Joins Long List of States Imposing Restrictions “To Slow the Spread” of the COVID-19 Virus

Like many states across the country, the DC, Maryland, and Virginia area, which is commonly called “the DMV,” is restricting movement of residents in an effort to slow the spread of the COVID-19 pandemic. On March 30, 2020, the mayor of the District of Columbia and the governors of Virginia and Maryland issued updated orders in response to the rising number of COVID-19 cases and deaths in the DMV area.  The orders mandate stay at home requirements and restrict activities of non-essential businesses in each location.  The Virginia order extends the duration of the restrictions until June 10, 2020, while the duration of the DC and Maryland orders remain unchanged. The Maryland order remains in effect for an indefinite duration or until it is rescinded or changed, or the jurisdiction suspends the state of emergency; while the DC order maintains the target end date of April 24, 2020, although it reserves the authority to rescind, suspend, or extend the order.
Continue Reading DC, Maryland, and Virginia Issue Updated Orders Making Stay at Home the Norm in the DMV