PF 2020-53 Guidance for continuing to use DOE’s Clauses developed to implement Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. No. 116-136)

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DATE: October 1, 2020

SUBJECT: Guidance for continuing to use DOE’s Clauses developed to implement Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. No. 116-136)

TO: HCAs/Procurement Directors/Contracting Officers
FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management

SUMMARY: 

This Flash revises Policy Flash 2020-28 “Guidance for using DOE’s Clauses developed to implement Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. No. 116-136)” to reflect one change--Congress’s extending the date agencies may use Section 3610 as the authority for recognizing the costs Section 3610 covers as allowable. The new date is December 11, 2020 (formerly the date was September 30, 2020).

The two attachments to Policy Flash 2020-28 have been revised to reflect the new December 11, 2020, date. The revised attachments are attached. They are: 1) guidance to Contracting Officers on implementation of the CARES Act; and 2) clauses that may be used in cost reimbursement-type contracts and in fixed-price/time-and-materials type contracts. The revisions in attachment 1 occur at B. Guidance, paragraphs 3 and 7. The revisions in attachment 2 occur at: in the cost-reimbursement type contracts clause, at paragraph (a)(2); and in the fixed-price/time-and-materials type contracts clause, at paragraph (a)(2).

Contracting Officer Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov

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