1. Home
  2. |Insights
  3. |The DoD Issues Memo Regarding Section 3610 of the CARES Act; Implementing Guidance to Follow

The DoD Issues Memo Regarding Section 3610 of the CARES Act; Implementing Guidance to Follow

Client Alert | 1 min read | 03.31.20

On March 30, 2020, the Office of the Under Secretary of Defense, Acting Principal Director, Defense Pricing and Contracting (DPC) issued the Managing Defense Contracts Impacts of the Novel Coronavirus Memorandum. The Memorandum recognizes the challenges the Department of Defense faces in response to COVID-19, and reiterates the importance of ensuring the health and vitality of the defense industrial base (DIB) during this national emergency. The Memorandum notes the regulatory tools already in place to address COVID-19 impacts—e.g., FAR 52.249-14, Excusable Delays, various termination clauses, various changes clauses, and FAR 52.212-4 for commercial contracts—and highlights the protection of health and safety of contract employees as an important consideration when assessing requests for equitable adjustment. In addition to pointing to these traditional clauses, the Memorandum recognizes Section 3610 of the CARES Act as a mechanism to allow recovery for COVID-19 impacts and states that DPC will provide implementing guidance for such recovery. The Memorandum concludes by noting that contracting officers “are trusted and empowered to make the difficult decisions on appropriate adjustment to each contract” and that they “must work closely with our industry partners to ensure continuity of operations and mission effectiveness, while protecting the continuing vitality of the DIB that is so critical to our national security.” 

Insights

Client Alert | 3 min read | 03.28.24

UK Government Seeks to Loosen Third Party Litigation Funding Regulation

On 19 March 2024, the Government followed through on a promise from the Ministry of Justice to introduce draft legislation to reverse the effect of  R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28.  The effect of this ruling was discussed in our prior alert and follow on commentary discussing its effect on group competition litigation and initial government reform proposals. Should the bill pass, agreements to provide third party funding to litigation or advocacy services in England will no longer be required to comply with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”) to be enforceable....