Current DoD Assistance Award Position Regarding Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors”
Executive Order (E.O.) 14042 “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” issued September 9, 2021, requires all workers “performing on or in connection with Federal Government contract or contract-like instruments to obtain the [coronavirus disease 2019 (COVID-19)] vaccination.” Read the revision here.
New Developments in President Biden’s COVID-19 Requirements for Government Contractors
PilieroMazza’s Labor & Employment Group for Government Contractors
On September 16, 2021, President Biden released new guidance on implementing COVID-19 mandates for businesses working with the federal government. PilieroMazza’s Labor & Employment Group highlights important guidelines government contractors need to follow in order to comply. Read more here & Executive Order
COVID-19 Contracting and Business Assistance Resources:
Department of Defense (DOD) Contracting Guidance:
• Contracting with DOD COVID-19 Step by
Federal Emergency Management Agency (FEMA) Contracting
• To sell medical supplies or equipment to the federal government, please submit a price
quote under the COVID-19 PPE and Medical Supplies Request for Quotation. Full details can be
found in the solicitation (Notice ID 70FA2020R00000011).
• This solicitation requires registration with the System for Award Management (SAM) in
order to be considered for award, pursuant to applicable regulations and
guidelines. Registration information can be found at www.sam.gov. Registration must be
“ACTIVE” at the time of award.
• If you have medical supplies or equipment to donate, please provide FEMA details on what you are offering.
• If you are a private company that wants to produce a product related to the COVID response
– email firstname.lastname@example.org.
• If you are interested in doing business with FEMA and supporting the response to COVID-19 with your company’s non-medical goods and/or services, please submit your inquiry to the Department of Homeland Security (DHS) Procurement Action Innovative Response Team (PAIR) team at DHSIndustryLiaison@hq.dhs.gov
Federal Aviation Administration (FAA) Contracting Guidance:
The FAA is seeking to identify suppliers who can provide certain supplies and services
related to COVID-19. They have asked that Contractors fill out this market research
questionnaire: FAA COVID-19 Supply & Service Requirements Market Research
Provide as many responses in the yellow highlighted cells as possible.
Email completed questionnaire in Excel format and any other relevant documentation
with the Subject: “Company Name_FAA COVID-19 Market Research Questionnaire” to
this email address: 9-AFN-ACQ-EM@faa.gov
U.S. and Local Resources and SBA COVID-19 Related Business
• The SBA has created a website to provide guidance to small businesses interested in
Coronavirus (COVID-19) related resources and loans. You can visit the SBA’s website
• If you need help understanding the SBA loan process, contact your local U.S. SBA Small
Business Development Center. Find your local SBDC at https://americassbdc.org/small-businessconsulting-
• You can also find COVID-19 Small Business Resources
Guidance to Primary Federal Contract Holders:
Due to the current pandemic emergency that we are experiencing in the U.S., your primary federal contract may be at risk for non-compliance/non-performance. There are remedies available through the Federal Acquisition Regulation under 52.249-14 Excusable Delays (see below) if the contracting officer allows it.
Every Primary Federal Contractor should immediately contract their Contracting Officer or official POC and inform them, in writing via email, (1) with a general description of the impact that the pandemic is having on their contract compliance/performance (2) ask for OFFICIAL guidance, also in writing, as to how to proceed. And most importantly, (3) also address what actions you may implement, to include possible STOP WORK, if you do not receive a response or instructions on how to proceed.
There is an implied 10 day response for correspondence between the Contractor and the Contracting Office. Keep this in mind in communications both ways. Also, the Contracting Officer is the only federal official who can change, modify, offer relief, terminate for convenience, or allow excusable delays. Many of your insurance companies will require proof of official government correspondence to allow your claims or other financial transactions to be accepted. Communication will assist in keeping you contractually responsible during these trying times.
52.249-14 Excusable Delays.
As prescribed in 49.505(b), insert the following clause in solicitations and contracts for supplies, services, construction, and research and development on a fee basis whenever a cost-reimbursement contract is contemplated. Also insert the clause in time-and-material contracts, and labor-hour contracts. When used in construction contracts, substitute the words “completion time” for “delivery schedule” in the last sentence of the clause.
Excusable Delays (APR 1984)
(a) Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Default includes failure to make progress in the work so as to endanger performance.
(b) If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be deemed to be in default, unless -
(1) The subcontracted supplies or services were obtainable from other sources;
(2) The Contracting Officer ordered the Contractor in writing to purchase these supplies or services from the other source; and
(3) The Contractor failed to comply reasonably with this order.
(c) Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the Government under the termination clause of this contract.
(End of clause)
Guidance to Federal and Other Subcontract Holders:
Contracts between a Prime Federal Contractor and its Subcontractor(s) are considered commercial contracts. Subcontractors are encouraged to review agreements with their Prime Federal Contractor Representative to fully understand their obligations and recourse options in the event of impact to performance due to the coronavirus. As noted above, many commercial contracts contain a force majeure clause that provides for excusable delay for things like epidemics, quarantine restrictions, etc. However, it is important to know that these agreements often allow Prime Contractors to seek goods and services from other sources if a Subcontractor cannot fulfill its obligations for an excused reason.
We also encourage you to review the following Frequently Asked Questions (FAQs) guidance on the impact of the COVID-19 (Coronavirus) Outbreak for small businesses performing on federal procurement contracts from the U.S. Small Business Administration dated March 11, 2020.
If you have further questions regarding this, or cannot open the link above, please reach out to your assigned National Center American Indian PTAC Procurement Specialist or email email@example.com. Thank you for your attention and we wish you, your family, and business the best during this national emergency.
CONTRACTING WITH THE DEPARTMENT OF DEFENSE (DoD)
A Step-by-Step Approach to the Department of Defense (DoD) Marketplace
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.
COVID-19 EMERGENCY RESPONSE INFORMATION
During the COVID-19 Coronavirus Emergency Pandemic Response period, send all DoD inquiries related to supporting this effort to the following group email in-box:
Helpful COVID-19 Coronavirus Emergency Pandemic Response website links:
DoD Contracting COVID-19 Information: https://www.acq.osd.mil/dpap/pacc/cc/COVID-19.html
Acquisition.gov Coronavirus Acquisition-Related Information and Resources: https://www.acquisition.gov/coronavirus
System for Award Management (SAM) Disaster Response Registry: https://www.acquisition.gov/disaster-response-registry Note: It is critical that suppliers intending to provide medical devices and medical personal protective equipment register here.
1.Identify your Product or Service
It is essential to know the Federal Supply Class or Service (FSC/SVC) codes, the Product and Service Codes (PSCs), and North American Industry Classification System (NAICS) codes for your products, services or industry in which your organization normally does business.
The PSC Manual provides codes to describe products, services, and research and development (R&D) purchased by the Federal Government. Many government product/service listings and future procurements are identified according to the PSC.
The PSC Manual is located at: https://www.acquisition.gov/psc-manual
NAICS is the standard used by the Federal Government to classify businesses for the purpose of collecting, analyzing, and publishing statistical data related to the United States' business economy according to the type of economic activity (process of production) in Canada, Mexico and the United States of America.
NAICS Codes are located at: https://www.census.gov/eos/www/naics/
2.Obtain a Commercial and Government Entity Code (CAGE) or North Atlantic Treaty Organization Commercial and Government Entity (NCAGE) Code.
CAGE Code (domestic vendors) and NCAGE Code (foreign vendors) is required data for registering in SAM. A CAGE Code is five character alpha-numerical identifier assigned to entities located within the United States and its' territories. A NCAGE Code is five character alpha-numerical identifier assigned to
entities located outside of the United States and its territories. The CAGE Code is used to support procurement and acquisition processes through the Federal Government. CAGE Codes are given an expiration date of five years from the last update, and NCAGE Code expirations currently do not apply.
A CAGE Code for domestic vendor(s) is obtained at: https://cage.dla.mil/Home/UsageAgree Note: For vendors seeking prime contracts paid directly from the Government, proceed to the next step to apply for a DUNS number.
An NCAGE Code for foreign vendor(s) is obtained at: https://eportal.nspa.nato.int/AC135Public/CageTool/home
3.Obtain a Data Universal Numbering System (DUNS) Number and Register in the System for Award Management (SAM).
Registration is required of your entity (business, individual, or government agency) in order to do business with the Federal Government. A DUNS number and registration within SAM are prerequisites for any contract award.
DUNS number is a proprietary system developed and regulated by Dun & Bradstreet.
SAM is the official website of the Federal Government designed to hold information relevant to procurement and financial transactions. Entities may register at no cost directly on the website. User guides and webinars are available under the Help tab. Please be aware that there are businesses that offer assistance registering in SAM for a fee; you are not required to use any of these services - registration in SAM is always free if you go directly to the government website.
Obtain a DUNS number through Dun and Bradstreet at: https://www.dnb.com/duns-number/get-a duns.html.
After obtaining a DUNS number, then register in SAM at: https://sam.gov.
4.Explore Federal and DoD Programs with the Small Business Administration (SBA).
DoD Office of Small Business Programs mission is to "maximize opportunities for small businesses to contribute to national security by providing combat power for our troops and economic power for our nation." See https://business.defense.gov/for more information.
Additional DoD Small Business Information:
Guide to Marketing to DoD: https://business.defense.gov/Small-Business/Marketing-to-DoD/
DoD Small Business Offices: https://business.defense.gov/Small-Business/DoD-Small-Business Offices/
DoD Acquisition Forecasts: https: //business.defense.gov /Small-Business/Acquisition-Forecasts/
The SBA offers assistance and certification in preference programs to small business concerns, go to https://www.sba.gov/.
Procurement Technical Assistance Centers are located in most states and partially funded by DoD to provide small business concerns with information on how to do business with the DoD. See https://www.dla.mil/SmallBusiness/PTAP/.
The General Services Administration (GSA) helps small businesses stay competitive in the federal market. Online and onsite federal experts offer small businesses the training tools to succeed, visit: https://www.gsa.gov /small-business .
5.Identify Current Federal and DoD Contract Opportunities at Beta.SAM.gov.
View procurement notices from Federal contracting offices to find opportunities to bid for Federal business. These include pre-solicitation notices, solicitation notices, award notices and sole source notices. Manage your searches and track notices by creating an account. Start your search at https://beta.sam.gov/search. DoD-developed guides for using the Beta. SAM website are available here: https://dodprocurementtoolbox.co m/site-pages/contract-opportunities.
6.Familiarize Yourself with Federal and DoD Contracting Regulations and Procedures.
Familiarize yourself with the Federal Acquisition Regulation (FAR)
https://www.acquisition.gov / and the Defense Federal Acquisition Regulation Supplement (DFARS) https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.
7.Look at Business Opportunities at the U.S. General Services Administration (GSA).
As the acquisition arm of the federal government, GSA plays a vital role in connecting the private sector with federal agencies fulfilling their business needs. GSA offers professional services, equipment, supplies, telecommunications, and information technology from commercial businesses to government organizations and the military through acquisition solutions from its Federal Acquisition Service (FAS). See https://www.gsa.gov /buying-selling/new-to-gsa-acquisitions/how-to-sell-to-the-govemment
8.Explore FedMall Contract Opportunities.
FedMall is an e-commerce ordering system for Department of Defense (DoD), Federal, State, and authorized local Agencies to search for and acquire products from government reserves and commercial sources. Buyers will have access to tens of millions of individual items of supply, from centrally managed DoD and General Service Administration (GSA) assets to commercial off-the-shelf (COTS) products. As a supplier, you will access FedMall primarily via the Supplier Portal-a dedicated website where you will register, manage your catalog items, and view purchase orders. The Supplier Portal is available at https://www.suppliers. fedmall.mil/.
9.See Links to Other Useful Information.