President Donald Trump's executive order on March 18, 2020, invoked the Defense Production Act (DPA) to prioritize and allocate health and medical resources in response to the spread of COVID-19.
Executive Orders 13909 and 13911 have granted the U.S. Department of Health and Human Sources (HHS) and the U.S. Department of Homeland Security (DHS) the authority to place rated orders under the Federal Priorities and Allocations System (FPAS) for all health and medical resources needed to respond to the current 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 and allocation authority under the DPA as well as from prime contractors who are ordering materials and components to fill rated orders.
FPAS-rated orders present both opportunity and risk. Please join Holland & Knight for an in-depth discussion on what contractors need to know about the FPAS program and what their obligations, rights and remedies are when they receive a rated order.
David S. Black | Partner, Tysons
Eric S. Crusius | Partner, Tysons
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