Manufacturing Supply Chain Network and Logistics Division August Webinar COVID-Related Disruptions: A Comprehensive Approach to Contract Adjustments
8/11/2020 - 8/11/2020 11:00 am - 12:00 pm
Event Type : Webinar
Event Code : 019B
The NDIA Manufacturing Division's DoD Supply Chain Network Committee and Logistics Management Division present its August Webinar, "COVID-Related Disruptions: A Comprehensive Approach to Contract Adjustments."
Moderated by Ron Perlman (Partner, Holland & Knight) and presented by Terry Elling (Partner, Holland & Knight) as well as Amy Fuentes and Kelsey Hayes (Associates, Holland & Knight), this webinar will present a comprehensive framework for recovery of prime and subcontract costs and delays caused by COVID 19-related disruptions to contract performance. The webinar presenters have formulated strategies for the early resolution of contract administration issues and formal Requests for Equitable Adjustments and Claims arising from COVID-related work site and other restrictions—both in the United States and overseas. In doing so, they have gained extensive experience advising and representing contractors of all sizes and across a variety of industries.
Perlman, Elling, Fuentes, and Hayes will cover diverse topics:
- Use of existing contract clauses and remedies (e.g., Changes, Suspension of Work, Stop Work, Delay clauses), and the advantages and disadvantages of each
- Practical approaches to working with Contracting Officers to address COVID restrictions in order to minimize impact on contract performance, as well as the early documentation of facts establishing both entitlement and quantum.
- Potential recovery under the CARES Act Section 3610 for paid leave costs associated with employees who are unable to access their assigned work site or telecommute—but who must be kept ready to resume performance promptly once restrictions are lifted; the webinar will address specific requirements under DoD’s Section 3610 Implementation Guidance and pending Early Engagement Guidance, including:
- Obtaining the “affected contractor” determination as a threshold requirement to recovery under Section 3610.
- Preparing and submitting equitable adjustment requests or negotiating contract modifications providing relief, including determining the “applicable rate” for employees placed on leave.
- Compliance with the various certification requirements under DoD’s guidance.
- Issues of particular interest to Small and Medium-Sized contractors, such as compliance with the prohibition against double recovery by contractors that have also received Payroll Protection Plan loans and credits under the CARES Act and the FFCRA.
Attendees will also have an opportunity to ask questions to our presenters.
*Please note: This webinar is closed to the press.NDIA has a policy of strict compliance with federal and state antitrust laws. The antitrust laws prohibit competitors from engaging in actions that could result in an unreasonable restraint of trade. Consequently, NDIA members must avoid discussing certain topics when they are together – both at formal association membership, board, committee, and other meetings and in informal contacts with other industry members: prices, fees, rates, profit margins, or other terms or conditions of sale (including allowances, credit terms, and warranties); allocation of markets or customers or division of territories; or refusals to deal with or boycotts of suppliers, customers or other third parties, or topics that may lead participants not to deal with a particular supplier, customer or third party.
Mr. Dave Chesebrough