DEFENSE CONTRACTORS TAKE NOTICE!
NCMA Boston, in collaboration with Holland & Knight LLP, will present a FREE Online Webinar to Address What Contractors Need to Know Regarding the Defense Product Act and FPAS-rated Orders in Light of the COVID-19 Virus
Presenters: David S. Black and Eric S. Crusius, Holland & Knight LLP
On March 18, 2020, President Trump issued an Executive Order invoking the Defense Production Act of 1950 (the “DPA”) to prioritize and allocate health and medical resources in response to the spread of COVID-19. The EO delegated to the Department of Health and Human Sources the authority to issue place rated orders under the Federal Priorities & Allocations System (“FPAS”) all health and medical resources needed to respond to the pandemic. Other Federal agencies have authority to require acceptance and priority performance of contractors or orders for other resources that may be required to protect public health. Contractors may soon be receiving “FPAS-rated” orders from agencies with “priorities” authority under the DPA as well as prime contractors who are ordering materials and components to fill their own FPAS-rated orders.
FPAS-rated orders present both opportunity and risk. In this webinar, we will discuss what contractors need to know about the FPAS program and what their obligations, rights, and remedies are when they receive a rated order. Specifically, we will discuss:
Limits on the authority of agencies and other businesses to place rated orders.
A contractor’s obligation to accept or reject orders within a specified time period, and the specific limited grounds for mandatory or optional rejection.
How a contractor can negotiate price and other terms and conditions.
A contractor’s obligation to place rated orders with suppliers and subcontractors.
Suggestions for how contractors might organize their resources to receive and respond to FPAS-rated orders.
Liability protections for contractors filling FPAS rated orders.
Potential penalties and adverse consequences for contractors who do not comply.
When: Thursday, March 26 at 3:00 PM (ET). This webinar is scheduled to run from 3:00 PM to 4:15 PM, with the possibility of a few extra minutes to address questions.
Where: Online Webinar