PF 2021-25 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)

DATE: March 15, 2021

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 2021-15 “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 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 September 30, 2021.

The two attachments to Policy Flash 2021-15 have been revised to reflect the new September 30, 2021, 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

Attachment 1: Guidance to Contracting Officers on implementation of the CARES Act

Attachment 2: Clauses that may be used in cost reimbursement-type contracts and in fixed-price/time-and-materials type contract