For assistance navigating any of the policy changes during these challenging times, please contact: MissionAssistance@dau.edu.
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Special Report on Best Practices and Lessons Learned for DoD Contracting Officials in the Pandemic Environment (DODIG-2020-085): The DoD OIG developed a list of best practices and lessons learned that DoD officials should consider following to minimize opportunities for fraud, waste, and abuse in awarding and overseeing the large amount of contracts needed to respond to the COVID-19 pandemic. They reviewed 36 audit reports since 2004 to identify trends and recurring issues related to contracting during past emergencies.
Policy and Guidance
Federal
FEMA’s COVID-19 “How-to-Help” page: This page has links for opportunities to help, including those for interested vendors connecting them directly to FEMA’s standing RFQ for PPE and Medical Supplies, and also has information for those wishing to offer other products or services.
Electronic Code of Federal Regulations: The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government produced by the Office of the Federal Register (OFR) and the Government Publishing Office.
GSA Coronavirus-related Acquisition Resource Page: The General Services Administration is hosting an information and resource page with links to many acquisition resources.
Small Business Administration Guidance and Resource Page The Small Business Administration established a resource page small businesses can use to find resources and information available to them during this time.
Dept of Commerce Training slides on DPAS: These training slides introduce the Defense Priorities and Allocations System (DPAS), a regulation administered by the Department of Commerce (DOC) that implements the priorities and allocations authority contained in Title 1 of the Defense Production Act (DPA) of 1950.
CISA Guidance on the Essential Critical Infrastructure Workforce: The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security's authorities to secure critical infrastructure. Consistent with these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an "Essential Critical Infrastructure Workforce" advisory list. This list is intended to help State, local, tribal and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security.
Office of Management and Budget
OMB Memorandum Page: The OMB archive of released memos is the official repository of all OMB memos.
M-20-21, "Implementation Guidance for Supplemental Funding Provided in Response to the Coronavirus Disease 2019 (COVID-19)": This Memorandum directs agencies to leverage and continue to employ existing financial transparency and accountability mechanisms wherever possible. Page 8 of this memo addresses agency reporting requirements such as using the National Interest Action Code and capturing purchase card use.
M-20-18, "Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (COVID-19)": This memorandum identifies steps to help ensure this safety while maintaining continued contract performance in support of agency missions, wherever possible and consistent with the precautions issued by the Centers for Disease Control and Prevention.
M-20-17, “Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations”: in an effort to maintain the health and safety of Federal and Defense employees and contractors, updated guidance has been released on the travel attendance.
M-20-16, Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19”: The Federal Government, in partnership with state and local governments and the private sector, is adopting a concerted near-term operations posture that will appropriately align critical resources to slow down the transmission of COVID-19, while also ensuring that Government operations continue.
M-20-14, “Updated Federal Travel Guidance in Response to Coronavirus”: This memorandum provides short term relief for administrative, financial management, and audit requirements to an expanded scope of recipients affected by the loss of operational capacity and increased costs due to the COVID-19 crisis, particularly those performing essential research and services necessary to carry out the emergency responses.
Department of Defense
Secretary Esper's Priorities During this Emergency: Secretary of Defense Mark Esper and Defense senior leaders hosted a virtual town hall to discuss DoD priorities during this emergency. He noted that three of his top priorities include protecting Service members and their families, safeguarding the Department's mission capabilities, and providing the full capacity of the Department to support the whole-of-government response.
Joint Acquisition Task Force: The Under Secretary of Defense for Acquisition and Sustainment Ms. Ellen Lord established the COVID-19 Joint Acquisition Task Force (JATF) to synchronize and support the acquisition execution of DoD’s COVID-19 response to interagency (Federal Emergency Management Agency (FEMA) and Health and Human Services (HHS)) for medical resources. The team serves as the single entry point to the DoD acquisition enterprise for interagency requests for assistance.
AFWERX Unite and Fight website: JATF is also working with AFWERX to identify companies who are interested in contributing to the COVID-19 response. Their website outlines the criteria of what they are looking for so they can quickly match solutions with needs and better solicit ideas/help from industry (ways to increase production, new production methods, etc) and government agencies to help out the JATF working groups.
Department of Defense Office of Small Business Coronavirus Resource page: The DoD Office of Small Business hosts a page dedicated to resources small businesses can use to find assistance during this pandemic, including reporting an operating status change and other engagements that may be required. Additionally, this site also hosts resources for policy and guidance specific to the small business needs.
Defense Pricing and Contracting: DPC has compiled a list of helpful resources and news that impact contracting.
Defense Pricing and Contracting Class Deviations page: The Principal Director of Defense Pricing and Contracting issues class deviations when necessary to allow organizations to deviate from the FAR and DFARS. This page collects all the current DoD class deviations in effect with other deviations archived by year.
- Class Deviation 2020-O0013 - CARES Act Section 3610 Implementation: Effective immediately, contracting officers are authorized to use Defense Federal Acquisition Regulation Supplement 231.205-79 (attached to the deviation in the link below) as a framework for implementation of Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. 116-136). A forthcoming implementation guidance memorandum and Frequently Asked Questions document will provide additional details.
DPC CARES Act Early Engagement Site: Provide input regarding the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
**NEW** DPC Contract Place of Performance – Public Health Considerations: Acting Principal Director, Defense Pricing and Contracting, Kim Herrington released a March 20 memo strongly encouraging the same maximum telework flexibilities extended to DoD Service members and civilians also be made available to contractors when contract services can be delivered, without mission degradation, while off-site.
Guidance for Reporting COVID-19 Related Actions to the Federal Procurement Data System: This memorandum consolidates the current instructions and provides updates to the reporting requirements for inputting COVID-19 related contract, other transactions, and financial assistance actions to the Federal Procurement Data System.
Temporary Redeployment of At-Risk Contractor Employees from Afghanistan: This memorandum notifies contracting officers to comply with the United States National Support Element-Afghanistan memorandum, directing redeployment of at-risk contractor employees from Afghanistan, due to insufficient medical capability in-country. Redeployment of contractor personnel will be conducted in accordance with the terms of their respective contracts and should occur no later than April 18, 2020. If contractor personnel cannot be redeployed by this date, or are considered mission essential and must be retained in country, requiring activity commanders must submit a timeline for redeployment or request an exception to policy.
Government-wide Commercial Purchase Card Guidance for COVID-19: This memorandum offers information and guidance to promote compliance with acquisition policies applicable to the Department of Defense (DoD) Government-wide Commercial Purchase Card (GPC) program.
Office of Industrial Policy COVID Response Page: The Office of Industrial Policy has stood up this resource page for the Defense industrial base and other stakeholders as they navigate the complexities associated with the virus.
Commercial Item Determination for supplies and services procured in response to the Coronavirus Disease 2019 (COVID-19): Acting Principal Director, Defense Pricing and Contracting, Kim Herrington released a memo outlining the Commercial Item Determination for supplies and services procured in response to the Coronavirus Disease 2019 (COVID-19). DCMA CIG is determining that the types of supplies and services found in the memo that pertain strictly to COVID-19 are commercial, and FAR Part 12 or FAR Part 13 procedures may be used accordingly.
A step-by-step approach to contracting with the Department of Defense: There are several basic steps every company should do to increase their ability to contract in the marketplace. Becoming a government contractor can increase your company’s growth in many ways. Follow the links to prepare for doing business with the government.
OSD(A&S) 12-Month Grace Period for DAWIA Requirements: To mitigate the impact COVID-19 has had on training, the Under Secretary of Defense for Acquisition and Sustainment has extended the Defense Acquisition Workforce Initiative Act requirement for certification completion from 24 months to 36 months. This extension may have additional, Service-specific requirements. All students should contact their acquisition training office if there are questions regarding the implementation of this policy.
Delegation of Authority for Use of Other Transactions for Prototype Projects Under Title 10, United States Code, Section 2371b: The Under Secretary of Defense for Acquisition and Sustainment USD(A&S) on April 5, 2020 signed a memorandum issuing a temporary amendment to approval authority for Components authorized to execute Other Transaction (OT) for Prototype Project agreements. These changes will remain in effect until the COVID-19 national emergency declaration is rescinded.
DoD COVID-19 Small Business Best Practices Memo: This “Best Practices Package” includes helpful information, including a Safe Passage memo template for small businesses to adapt for local use. The memo outlines the mission essential nature of business-related movements. The template may also serve as a memo to inform local authorities of the special responsibility to maintain normal work operation. Also included in the package is the March 20, 2020, USD(A&S) memorandum titled, “Defense Industrial Base Essential Critical Workforce Infrastructure,” as well as other helpful policy memos.
Services Guidance and Resources
Army
The US Army Director for Acquisition Career Management (DACM) has a page dedicated to Army-relevant acquisition policy and guidance.
Promoting Resiliency of the DIB during COVID-19 Pandemic (to industry), dated March 24 2020: Dr. Bruce Jette penned a memo to the Defense Industrial Base reiterating the important roles they have in helping the Department of Defense combat this pandemic as well as reminding them to continue communication with the DoD to ensure a mutual understanding of challenges.
Promoting Resiliency of the DIB during COVID-19 Pandemic (internal), dated March 24 2020: In a March 24 memo, Dr. Jette provides a guideline of expectations for Department of Defense personnel as they address issues caused by the pandemic without sacrificing the health and safety of contractor support.
Deputy Assistant Secretary of the Army (Procurement) (DASA(P)) Response to the Cornoavirus Disease (COVID-19), dated March 12, 2020: Deputy Assistant Secretary of the Army (Procurement) Stuart Hazlett released a memo to help Defense personnel prepare for interrupted contractor support during the Coronavirus pandemic, as well as guidelines for ensuring a mutual understanding between Government and contractor personnel of the issues impacting programs.
Navy
USN - Use of COVID-19 Language within DON Contracts, dated March 26, 2020: Assistant Secretary of the Navy for Research, Development, and Acquisition James Geurts released a memo noting that there are specific FARS clauses directly relevant to potential situations that could arise as a result of the pandemic.
USN - (Intent and Direction) Withholds and Retentions During COVID-19, dated March 20, 2020: Assistant Secretary of the Navy for Research, Development, and Acquisition James Geurts released a memo stating that the Defense Industrial Base is responsible for critical elements of national security. He released several guidelines to help ensure that every effort is made to remove barriers and maximize the efficient execution of these critical programs.
Air Force
The Air Force has a
dedicated, CAC-enabled, secure page for Air Force acquisition policy and guidance. Check this page frequently for Air Force-related policy and guidance changes.
March 26, 2020 - Assistant Secretary of the Air Force (AT&L) Memo - Creative Contracting Techniques for Maintaining the Financial Health of the Defense Industrial Base: Dr. Will Roper released a memo to emphasize to Contracting Officers that they should use every authority and flexibility at their disposal—including waiving regulations and modifying contract terms and conditions—to to minimize potential negative effects of contract disruptions arising from Coronavirus Disease 2019 (COVID-19) and accomplish their missions.
March 25, 2020 - Assistant Secretary of the Air Force (AT&L) Memo - Department of the Air Force Acquisition Task Force on COVID-19: Dr. Will Roper announced the formation of the "Air Force Acquisition COVID-19 Task Force" to execute all requirements from the Office of the Under Secretary of Defense for Acquisition and Sustainment Joint Acquisition Task Force and collect and consolidate funding requests needed to recover programs from COVID-19 impacts.
March 21, 2020 - Department of the Air Force Mission Essential Activities during COVID-19: Deputy Assistant Secretary (Contracting), Assistant Secretary of the Air Force (Acquisition, Technology & Logistics) provides supplemental guidance on the continuation of mission essential contractor activities for installation support contracts. This memo also provides references that can be used to develop a letter identifying contractor personnel as mission essential in the event of a "shelter in place" order for their local areas.
DAU Resources
Courses
For assistance navigating any of the policy changes during these challenging times, please contact: MissionAssistance@dau.edu.
CLC 043 Defense Priorities and Allocations System: The goal of the Defense Priorities and Allocations System (DPAS) module is to ensure that government and industry users are thoroughly familiar with the priorities and allocations authority of the Defense Production Act. It also reveals the purpose of DPAS, which is to assure the timely availability of industrial resources to meet current and future national security and emergency preparedness requirements.
CLG 001 DoD Government-wide Commercial Purchase Card Overview: This module provides individuals with a solid foundation for making Government Purchase Card (GPC) transactions in compliance with applicable laws, regulations, and policies.
Tools
DCMA's Virtual QA Procedures: This Alternative Contract Insight document provides a rapid action guidance to all Contract Management Team (CMT) Members and Technical Functional Specialists to implement new methods established/validated from piloted projects in partnership between DCMA and ACAT contractors supporting Agency JSQC and EQC.
Important Links:
DAU FAQ Page for Online Classes
DoD Coronavirus Response Information and Resources
DAU Course Impact Page
DAU Operational Status Page
Defense Travel Management Office
Centers for Disease Control and Prevention - Coronavirus Disease 2019 Resources
Center for Disease Control - Implementing Safe Practices for Critical Infrastructure Workers
U.S. Government Response Portal
U.S. Treasury CARES Act and Paycheck Protection Page
