Will the CARES Act become permanent?

In March of 2020, when the Coronovirus became a pandemic, Section 3610 of the CARES Act went into effect. This section of the CARES Act provides economic relief to contractors so that they can continue to pay their employees. Unless Congress extends Section 3610 of the CARES Act, it expires on September 30, 2021. (Washington Technology August 5, 2021)

The Professional Services Council (PSC) would like for Section 3610 to become permanent. PSC Executive Vice President David Broome feels Section 3610 should become permanent. He reasons this by looking at how several agencies have heavily relied on Section 3610 during the pandemic. GAO saw a combined $882.8 million in reimbursements from across the Departments of Defense, Energy, Homeland Security, and NASA. (ibid)

GAO staff interviewed 15 contractors and 12 agreed that Section 3610 “had a great or moderate effect on their ability to retain employees, in particular those with specialized skill or clearances.” (ibid)

According to Broome, “GAO makes the case for establishing a permanent stand-by authority that would be available when needed and in place when the next emergency happens – be it a pandemic, a cyberattack or natural disaster. Establishing this authority now would be a prudent step to implement one lesson learned from the COVID-19 pandemic and ensure that the government and contractors are prepared for the next one.” (ibid)

Are you a contractor trying to take advantage of Section 3610 and not sure where to start? Give us a call.

 

CARES Funds Available For Contractors

The Office of Management and Budget (OMB) recently published a supplement to Section 3610 of the CARES Act that allows contractors sick or paid time-off during the national emergency if contractors are not able to access their worksites or telework. (Government Executive, April 17, 2020)

At this time, maximizing telework is advised; however, many contractor jobs involve sensitive and/or classified work, making telework not feasible. Trade associations realized this pretty quickly and asked for additional clarification of the Act. For these specific contractors, agencies are allowed to “modify the terms and conditions of a contract, or other agreement to reimburse at the minimum applicable contract billing rates up to an average of 40 hours per week for any paid leave (including sick leave) a contractor provides to keep its employees or subcontractors in a ready state.”

In addition to the paid leave/sick leave clarification, the updated guidance allows agencies to reimburse contractors from the 27 March (when the CARE Act was signed) through 30 September 2020. The original bill did not include a start date. (ibid)

OMB, via the Office of Federal Procurement Policy, developed a guide to assist agencies when working with contractors to ensure the correct documentation is submitted for proper reimbursement. (ibid)

Don’t know where to start the process of getting paid during this national emergency? Give us a call.