OMB Provides Contractor Guidance
In guidance to agency leaders on Friday, Deputy Director of Management (DDM) at the Office of Management and Budget (OMB) Margaret Weichert urged agencies to work with their contractors to maximize telework access and provide greater flexibilities in terms of performance dates. The guidance encouraged agencies to leverage special emergency procurement authorities as well.
In a letter to OMB Director Russell Vought last week following guidance from the office to maximize telework for federal employees, the Professional Services Council- a group representing federal contractors- explained, “Our 400+ member companies welcome these important actions applicable to the federal workforce to reduce the spread of Covid-19 while continuing to keep the government operating. In a crisis like this, America depends on keeping the entire federal government working well. However, to keep the government functioning well, continued work by contractors supporting the Federal Government is also essential for continuity of operations for every agency, every mission, and every activity… The March 17 OPM policy and your March 15 memo addresses only federal civilian employees and uniformed personnel, not contractors.”
While acknowledging that each contractor is ultimately governed by the specific terms of their contract, the groups encouraged OMB to provide an “overarching guidance to federal contracting officers that integrates with the teleworking guidance provided to the rest of the government workforce.”
On Friday, OMB issued relevant guidance to contractors.
“Agencies are urged to work with their contractors, if they haven't already, to evaluate and maximize telework for contractor employees, wherever possible. Telework is an important tool for enabling continued contract performance in a manner that can meet health and safety guidelines from the CDC and State and local public health authorities,” Weichert explained. “Equally important, agencies should be flexible in providing extensions to performance dates if telework or other flexible work solutions, such as virtual work environments, are not possible, or if a contractor is unable to perform in a timely manner due to quarantining, social distancing, or other COVID-19 related interruptions... Additionally, agencies should also consider whether contracts that possess capabilities for addressing impending requirements such as security, logistics, or other function, may be retooled for pandemic response consistent with the scope of the contract.”
Weichert also reminded agencies that the president’s declaration of a national emergency allows special emergency procurement authorities to be used and encouraged agencies to take advantage of them when necessary.
