The below list includes government-issued guidance and directives by agency pertaining to COVID-19 response. Find out more about BRG's Government Contracts practice, and visit BRG's Crisis Response blog.
Contract Performance and Cost Recovery
Pandemic Response Accountability Committee (PRAC)
- The CARES Act creates the Pandemic Response Accountability Committee (PRAC) composed of federal offices of Inspector General to, “promote transparency and conduct and support oversight of covered funds and the Coronavirus response to (1) prevent and detect fraud, waste, abuse, and mismanagement; and (2) mitigate major risks that cut across program and agency boundaries."
Small Business Association (SBA)
SBA and The Department of Treasury: “Paycheck Protection Program Loan Forgiveness Application” (May 15, 2020): The form and instructions include several measures to reduce compliance burdens and simplify the process for borrowers. To learn more, visit SBA’s website.
Department of Defense (DOD)
- DOD Memorandum: "Class Deviation - Progress Payment Rates" (April 16, 2020): Supersedes and revises Class Deviation 2020-O0010, Progress Payment Rates, to remove the Alternate II of FAR clause 52.232-16 from the deviation clauses provided for use.
- DOD Memorandum: "Class Deviation - CARES Act Section 3610 Implementation" (April 8, 2020): Authorizes contracting officers to use DFARS 231.205-79, CARES Act Section 3610 Implementation, as a framework for implementation of section 3610, Federal Contractor Authority.
- DOD Memorandum: "Class Deviation - Undefinitized Contract Actions During the National Emergency for the Coronavirus Disease 2019" (April 3, 2020): Implements sections 13004 and 13005 of the CARES Act.
- DOD Memorandum: “Managing Defense Contracts Impacts of the Novel Coronavirus” (March 30, 2020): refers to CARES Act and, most notably, Section 3610, “Federal Contractor Authority.”
- Defense Counterintelligence and Security Agency (DCSA): “COVID-19 NISP Guidance” (March 30, 2020): describes a range of actions DCSA will take in response to COVID-19 with regard to its operations in the near term including facility clearance processing, personnel security, security reviews, and many other operational topics. NISP refers to National Security Industrial Program.
- DOD Memorandum: “Doing Business with the Department – Supporting the Response to COVID-19” (March 27, 2020): includes the Contracting with the Department of Defense: A Step by Step Approach to the DOD Marketplace guide updated with COVID-19 information.
- DOD Memorandum: “Defense Industrial Base Contract Considerations” (March 20, 2020): includes COVID-19 updates and considerations with respect to the Defense Industrial Base Critical Infrastructure Workforce.
Frequently Asked Questions (FAQs)
- FAQ: "Defense Pricing and Contracting, Acquisition and Sustainment" (April 17, 2020): Implementation guidance for Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act responses to the most frequently asked questions.
- FAQ: "Defense Pricing and Contracting, Acquisition and Sustainment" (April 3, 2020): Implementation guidance for Class Deviation 2020-O0010, Increased Progress Payments.
Defense Pricing and Contracting (DPC): Acquisition and Sustainment Announcements
- DPC: "Coronavirus Disease 2019 (COVID-19) Emergency Acquisition Flexibilities - Contingency Operation" (April 15, 2020): Defines "contingency operation" at FAR 2.101 in the context of COVID-19
- DPC: "Resources Available for Connecting Industry Capabilities to Requirements in Support of COVID-19 Response" (April 9, 2020): Informs contractors of agency initiatives and resources related to COVID-19, including FEMA, DOD's COVID-19 JATF, defense pricing and contracting, and other locations and entities.
Department of Homeland Security (DHS)
- DHS Cyber and Infrastructure Security Agency (CISA) Cyber Infrastructure Memorandum: “Memorandum on Identification of Essential Critical Infrastructure Workers during COVID-19 Response” (March 28, 2020): provides guidance on workers in critical infrastructure areas of the United States amid the COVID-19 response.
General Services Administration
- GSA: "Acquisition FAQs" : a set of COVID-19 related FAQs for contractors.
- GSA Office of Governmentwide Policy Memorandum for All GSA Contracting Activities and heads of Contracting Activity (March 26, 2020): “Guidance Regarding Acquisitions and Contracts for GSA Essential Critical Infrastructure Activities and Novel Coronavirus Disease 2019 (COVID-19)”: provides guidance for GSA amid COVID-19 response.
- DOD Memorandum: “Class Deviation—Submission of Interim Vouchers Under Classified Contracts” (March 27, 2020).
- DOD Memorandum: “Class Deviation—Progress Payment Rates”: addresses contractor cash flows with Supplement (DFARS) 232.501-1 progress payments rates are increased to 90 percent for large business concerns and 95 percent for small business concerns.
- GSA: Acquisition Policy Library: FAR and GSAR Class Deviation regarding Debarring Official Notification to Contractors: List of GSA, FAR, and GSAR Class Deviations.
Office of Management and Budget (OMB) Resources
- OMB Memorandum: "M-20-22 Preserving the Resilience of the Federal Contracting Base in the Fight Against the Coronavirus Disease 2019 (COVID-19)" (April 17, 2020): Supplements Memorandum M20-18 with guidance for the implementation of section 3 610 of the Corona virus Aid, Relief, and Economic Security (CARES) Act (Pub. L. No. 116-136).
- OMB Memorandum: "M-20-21 Implementation Guidance for Supplemental Funding Provided in Response to the Coronavirus Disease 2019 (COVID-19)” (April 10, 2020): Provides guidance to agencies and directs them to employ existing financial transparency and accountability mechanisms wherever possible.
- OMB Memorandum: “M-20-20 - Repurposing Existing Federal Financial Assistance Programs and Awards to Support the Emergency Response to the Novel Coronavirus (COVID-19)” (April 9, 2020): Allows for repurposing of Federal assistance awards.
- OMB Memorandum: “Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (COVID-19)” (March 20, 2020): identifies steps contractors can take to safely perform on current contracts and includes a FAQ section.
- OMB Memorandum: “Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations,” M-20-17 (March 19, 2020): provides short-term relief for grantees from certain administrative, financial management, and audit requirements applicable to these federal assistance awardees under 2 CFR 200, Uniform Administrative Requirements.
- Executive Order: “Executive Order on Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19” (March 23, 2020): provides policy direction and direction regarding delegation to prevent hoarding and contains general provisions from President Trump.
- Executive Order: “Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid-19” (March 18, 2020): provides policy explanation, set priorities, and allocation of medical resources, and contains general provisions from President Trump.
- Disaster Response Registry: System for Award Management (SAM) contains a Disaster Response Registry in accordance with FAR Subpart 4.11 and FAR Subpart 26.2 listing those contractors who are willing to provide debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief supplies and/ or services. This is an entry point in SAM for the Disaster Response Registry.
US Agency for International Development (USAID)
- Guidance on Procuring Personal Protective Equipment (PPE)/Covered Material (June 8, 2020): As a general rule, USAID’s implementing partners must seek the prior written approval of the cognizant USAID Agreement or Contracting Officer(s) (AOs/COs) to procure “covered material” with any USAID funds. However, implementing partners may use USAID’s funding to procure this covered material without further approvals in either of the following two situations: (1) for the protection of, and use by, staff under both grants and contracts from USAID and (2) for the safe and effective continuity of USAID-funded programs, including for the protection of beneficiaries.
- COVID-19 Implementing Partner Guidance Frequently Asked Questions (updated June 5, 2020).
- Memorandum Authorizing COVID 19 Flexibilities Pursuant to Office of Management and Budget Memorandum M-20-17 (note: references OMB Memorandum M-20-17 listed above): Subject: “Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations.”
- COVID-19 Guidance for Implementing Partners (March 12, 2020): “Information from the Office of Acquisition and Assistance in the Bureau for Management of the U.S. Agency for International Development.”
Government Accountability Office (GAO)
- GAO Watch Blog (April 7, 2020): What is the Defense Production Act, and how is it being used in response to COVID-19?
US Department of the Treasury
- The Paycheck Protection Program is providing small businesses with the resources they need to maintain their payroll, hire back employees who may have been laid off, and cover applicable overhead.