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All Is Not Forgiven: PPP Forgiveness And Credits | Morrison & Foerster LLP - Government Contracts Insights

  On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled:  “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations:  What It Means for Government Contractors.”  The hearing focused specifically on the interplay between Paycheck Protection Program (PPP) loan forgiveness and Federal Acquisition Regulation (FAR) 31.201-5 “Credits,” and how that interplay impacts federal contractors that perform cost-type contracts.  This meeting highlights an area where contractors have, at best, incomplete guidance.  We will continue tracking these issues as new guidance is issued. FAR 31.201-5 states that:  “The applicable portion of any income, rebate, allowance, or other credit relating to any allowable cost and received by or accruing to the contractor shall be credited to the Government either as a cost reduction or by cash refund.”  This provision applies to: (1) the pricin

CACI, Inc -Federal

CACI, Inc -Federal
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Panasonic I-PRO Sensing Solutions Corporation of America

FedRAMP FedRAMP moderate risk impact level certification for cloud storage platform.   Id. at 3. Thirteen firms responded to the October 2019 RFI.  AR, Tab 27, Market Research Report at 20.  The protester’s RFI response included a claimed capability narrative for FedRAMP that indicated that its cloud-hosted storage solution was built to meet FedRAMP requirements and was undergoing FedRAMP assessment and audit.  AR, Tab 12, Panasonic RFI Response at 5.  Between November 2019 and January 2020, the agency emailed follow-up questions to the respondents of the October 2019 RFI and received responses from several vendors, including Panasonic.  In December and November 2019, the agency inquired about vendors’ security policies and protocols critical to CBP.  AR, Tab 14, Post-RFI Planning Emails at 1; Tab 16, Email between Agency and Panasonic at 1, 3.  In January 2020, the agency requested information regarding storage offerings and procedures.  AR, Tab

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