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.
COVID-19 Contingency Corridor - Suppliers
The COVID-19 Contingency Corridor is a restricted storefront within FedMall allowing Department of Defense (DoD) Small Business Federal Government Contractors to exclusively browse and shop for non-medical Personal Protective Equipment (PPE) and similar material offered by the commercial supplier community in support of the Federal COVID-19 relief effort. DLA is actively looking for suppliers to provide non-medical PPE and other similar items. This flyer provides guidance on the who, what, when, and how, as well as the point-of-contact regarding this corridor.
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.
Update to the Supplier Performance Risk System (SPRS)
As part of the government response to the COVID-19 National Emergency, the Supplier Performance Risk System’s (SPRS) assessment methodology has been updated for contractors and subcontractors implementing the security requirements in National Institute of Standards and Technology Special Publication 800-171, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations. These updates to SPRS include a virtual review capability for high risk assessments, usually performed on site, to protect assessors and Defense Industrial Base personnel by limiting travel and exposure.
DLA Contingency Corridor within FedMall
In response to the COVID-19 pandemic, the Defense Logistics Agency created a Contingency Corridor within the FedMall Marketplace to allow Department of Defense small business contractors to exclusively purchase non-medical Personal Protective Equipment and similar material offered by commercial vendors. For more information, including what items are available and registration guidance, see the memorandum at the link below and visit the FedMall website.
This memorandum updates the procedures contracting officers and contractors can use to request a Department of Defense Activity Address Code.
- FedMall Website
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, Revision 3
This class deviation revises and supersedes Class Deviation 2020-O0013 Revision 2 issued on October 14, 2020. The purpose of this Revision 3 is to extend the date through which paid leave may be taken to be eligible for reimbursement under section 3610, pursuant to section 1002 of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) enacted on December 27, 2020. Where appropriate, the time period for which paid leave must be taken is changed from March 27, 2020, through December 11, 2020, to March 27, 2020, through March 31, 2021.
DPC Covid-19 page
- Revision 4 to Class Deviation 2020-O0013 CARES Act Section 3610 Implementation
Effective immediately, this class deviation revises and supersedes Class Deviation 2020-O0013, Revision 1, issued August 17, 2020, to provide a cost principle as a framework for contracting officers to determine whether a contractor’s paid leave costs for employees are eligible for reimbursement under section 3610 of the Coronavirus Aid, Relief, and Economic Security Act. This revision changes the end date of the time period for which paid leave must be taken to be eligible for reimbursement under section 3610 from September 30, to December 11, 2020, pursuant to the Continuing Appropriations Act, 2021, and Other Extensions Act enacted on October 1, 2020.
- Revision 1 to Class Deviation 2020-O0021 Section 3610 Reimbursement Requests
Effective immediately, this class deviation revises and supersedes Class Deviation 2020-O0021, issued August 17, 2020, to provide policy and guidance to contracting officers for reviewing and processing contractor requests for reimbursement of paid leave costs under the authority of section 3610 of the Coronavirus Aid, Relief, and Economic Security Act. This revision changes the end date of the time period for which paid leave must be taken to be eligible for reimbursement under section 3610 from September 30, to December 11, 2020, pursuant to the Continuing Appropriations Act, 2021, and Other Extensions Act enacted on October 1, 2020. For more information, see the Class Deviation at the link above.
- Revision 3 to Class Deviation 2020-O0021 Section 3610 Reimbursement Requests
The purpose of this revision is to extend the date through which paid leave may be taken to be eligible for reimbursement under section 3610, pursuant to section 4015 of the American Rescue Plan Act of 2021 (Pub. L. 117-2), enacted on March 11, 2021. Where appropriate, the time period for which paid leave must be taken is changed from March 27, 2020, through March 31, 2021, to March 27, 2020, through September 30, 2021.
- Class Deviation 2021-O0004, Requirements for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility
Effective immediately, this deviation continues to support the U.S. Southern Command's (USSOUTHCOM) operational requirements and helps implement the President's March 13, 2020, "Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease Outbreak." Specifically, in addition to continued operational requirements, this class deviation implements critical combatant commander requirements for contracts supporting USSOUTHCOM, as follows-
- Recertification of medical fitness for medical suitability screening;
- Requirements for accuracy and currency of Synchronized Pre-deployment and Operational Tracker data for contractor personnel support and tracking; and
- Personnel recovery requirements.
- Coronavirus Disease 2019 Vaccination: Limited Exception Up to 60 Days
This memorandum establishes the minimum approval levels for DoD Components to exercise their limited authority to approve an exception, for up to 60 days, to allow a covered contractor to have covered contractor employees begin work on a covered contract or at a covered workplace before the employees are fully vaccinated against coronavirus disease 2019 (COVID-19). The memorandum also establishes reporting requirements following such approvals, including a mandate to report any exceptions within one business day after the exception has been approved. For more information, see the memorandum at the link below.
- DFARS Clause 252.223-7999 Reporting Requirements (Deviation 2021-O0009)
This memorandum establishes reporting requirements to help inform senior DoD leaders about any challenges that may arise concerning the implementation of DFARS Clause 252.223.7999. DoD Components shall report, via a DFARS 252.223-7999 refusal report, when contractors refuse to accept DFARS Clause 252.223-7999 or, for Other Transaction Agreements, the clause entitled, "Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors." For more information, see the memorandum at the link below.
DPC CARES Act Early Engagement Site
Provide input regarding the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Class Deviation 2021-O0009, Revision 2 - Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
Effective immediately, this class deviation revises and supersedes Class Deviation 2021-O0009, Revision 1, issued on December 2, 2021. Revision 2 implements a preliminary injunction issued by the United States District Court for the Southern District of Georgia on December 1, 2021, enjoining the implementation of the provisions of Executive Order (E.O.) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, in the United States and its territories. This revision also implements the requirements of the preliminary injunction issued by the United States Federal Court for the Eastern District of Kentucky on November 30, 2021, enjoining the implementation of E.O. 14042’s provisions in Kentucky, Ohio, and Tennessee. This revision is necessary to ensure compliance with the preliminary injunctions and requires contracting officers to take all steps necessary to preclude further implementation or enforcement of E.O. 14042. For more information, see the Class Deviation and Safer Federal Workforce Task Force webpage. Visit the DPC COVID-19 page to view COVID-related material for the contracting community.
Update on Implementation of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors, in Other Transaction Agreements.
This memorandum revises and supersedes the prior memorandum on the same subject, dated October 8, 2021. Agreements officers are directed to not include the clause implementing Executive Order 14042 in new solicitations or enforce the clause in existing Other Transaction Agreements, or modifications thereof, for services including research, development, and/or prototyping.
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.
Guidance on IRS Notice 2020-46
This memorandum provides guidance on Internal Revenue Service Notice 2020-46, which allows employers to establish leave donation programs whereby employees may forgo unused leave to have the employer make a cash donation to charitable organizations providing assistance in response to the COVID-19 National Emergency. Contractor payments to charitable organizations for such donated employee leave are an allowable compensation cost.
Safer Federal Workforce Task Force
Executive Order 14042 - Ensuring Adequate COVID Safety Protocols for Federal Contractors. Media inquiries related to EO 14042 or Task Force guidance for contactors MUST be sent to [email protected].
FAQs for Federal Contractors
Guidance for Federal Contractors and Subcontractors issued on September 24, 2021