Authority
FAR 31.101, Objectives; Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. L. 116-136); Section 4015 of the American Rescue Plan Act of 2021 (Pub. L. 117-2)
Summary
This revision to Class Deviation 2020-O0013 extends the eligible paid leave period through September 30, 2021, pursuant to the American Rescue Plan Act of 2021. Contracting Officers (COs) may use Defense Federal Acquisition Regulation Supplement (DFARS) 231.205-79 to reimburse contractors for paid leave costs incurred to keep employees in a ready state during the COVID-19 public health emergency. COs must avoid duplication of payments from other COVID-19 relief programs such as the Paycheck Protection Program.
Contracting Officer Actions
1
Use DFARS 231.205-79 as the framework when implementing CARES Act section 3610 reimbursements.
2
Establish in writing that a contractor is an 'affected contractor' before authorizing reimbursement.
3
Secure representations from contractors regarding any other COVID-19 relief claimed or received to prevent duplicate payments.
4
Reduce maximum reimbursement by any credits the contractor is allowed under the Families First Coronavirus Response Act, the CARES Act or other applicable law.
5
Obligate reimbursement funds on a separate line item citing section 3610 of the CARES Act as the purpose.
6
Work with contractors to understand their use of COVID-19 relief provisions and encourage use of existing contract terms where available.
Eligible Period
Paid leave eligible for reimbursement must be taken between March 27, 2020 and September 30, 2021. This supersedes the prior deadline of March 31, 2021 from Revision 3.
Duplication of Payments
Contractors that use the Paycheck Protection Program to pay employees may not also seek section 3610 reimbursement for the same costs.
Contractor Documentation
Contractors must segregate and identify covered costs in their records with a sufficient audit trail. COs should verify this documentation before approving reimbursement.
Fund Availability
Reimbursement is contingent on the availability of funds. COs must confirm funds are available before committing to section 3610 reimbursements.
Deviation Status
This class deviation remains in effect until rescinded. It revises and supersedes Revision 3 issued January 13, 2021.
No affected sections identified.