COVID Contracting - COVID-19 And The Federal Government Contracting Impact - 101

COVID-19
And
The Federal
Government
Contracting Impact
Complimentary Webinar
FRIDAY MARCH 20, 2020
1pm EST

COVID-19
And
The Federal Government Contracting
Impact
J Schaus & Associates
Washington DC
Professional Services For Federal Contractors
202-365-0598
Hello@JenniferSchaus.com

COVID-19 And The Federal Government Contracting Impact – 3/20/2020
J Schaus & Associates - 202-365-0598 Hello@JenniferSchaus.om

https://disasterloan.sba.gov/ela/

* The Webinar is being recorded *
AGENDA
Speaker Introductions
[Legal / Public Affairs / Banking / Finance / Procurement]
Speaker Insight
Questions
Wrap Up

LEGAL SPEAKERS

Mary Beth Bosco
Partner
Holland And Knight
202.469.5270
marybeth.bosco@hklaw.com

Margaret Cassidy
Legal Counsel
Cassidy Law
202.266.9928
m.cassidy@cassidylawpllc.com

PUBLIC AFFAIRS SPEAKERS

Dewardric “DL” McNeal
Managing Director
Longview Global
240.602.4085
dmcneal@longviewgllc.com

Crystal Ellerbe
VP, Federal Relations
Strategies 360
202.367.6012
crystale@strategies360.com

FINANCIAL PLANNING SPEAKERS

Matthew Kuhns
Financial Advisor
Edward Jones
571.525.2924
matt.kuhns@edwardjones.com

Ben Offit
Principal
Offit Advisors
410.600.7526
BOffit@OffitAdvisors.com

BANKING SPEAKERS

Dan Ambrico
CEO
ISQ
203.243.5342
dambrico@lsq.com

Adam Nalls
Senior Vice President
Atlantic Union Bank
703.871.1361
adam.nalls@atlanticunionbank.com

PROCUREMENT

Kevin Jans
CO Expert Witness
Skyway Acquisition Solutions
1.877.884.5280
kevin@skywayacquisition.com

Guy Timberlake
Founder & CVO
SCIIF
gtimberlake@thesciif.net

QUESTIONS FROM THE PUBLIC

1. It is understood that the impact of the Covid-19 virus on government contract performance is not
compensable but can result in changes to schedule and the avoidance of penalties. What is the process
a contractor should take if their contracts are impacted and what documentation should be provided?
Mary Beth Bosco - LEGAL

2. Can you please clarify that COVID 19 is considered an “epidemic” in accordance with the FAR 52.249-14
Excusable Delays clause?
Margaret Cassidy – LEGAL

3. How should federal contractors manage their Cash Conversion Cycle?
Dan Ambrico - BANKING

4. How could this affect existing RFP's that are in final decisions post oral-presentations?
Kevin Jans – PROCUREMENT

5. Expectations for re-distributing of agency funding that could have been allocated for specific RFP's that
are not mission-critical?
Guy Timberlake – PROCUREMENT

6. What are some of the ways in which businesses can engage with Congress about the specific impact of
COVID-19 on our businesses and establish channels for feedback on how well the implementation process
at the relevant agencies are going?
Dewardric McNeal – PUBLIC AFFAIRS

7. Will the Federal Government modify payment terms to expedite payments as quickly as weekly to infuse
cash into small businesses to meet payroll and other pressing needs?

8. What guidance can we expect to have from the government?

9. If we don't get paid, what resources are there for small
govcons to cover the shortfalls?
Matthew Kuhns – FINANCE ADVISOR

10. What can we expect to happen to solicitations that are expected to drop this month/next month?

11. What is the Defense Priorities and Allocation System and how does it work?

12. Are we allowed to contact contract officers or specialists?

13. Will Federal Government Contingency Plans for contracts and grants be implemented as they did
during the 2019 Federal Government Shutdown?
Crystal Ellerbe – PUBLIC AFFIARS

14. For positions that can be done via telework, can we request Gov't to allow for duty modifications?
How would we go about this?

15. What financial products are available for federal contractors in the marketplace?
Dan Ambrico – BANKING

16. What should we do if we did NOT receive a stop work order...but the COR is telling us to stay home?
Mary Beth Bosco – LEGAL

17. Can you provide a list of the current legislation / funding packages being proposed or already in
existence that might apply to federal contractors? A quick overview presentation on the primary ones would
be helpful, including which government agencies will be administering the funding, where to track the
opportunities, and when applications are expected to be due.

18. Can you speak to firm fixed contracts in this environment.
If people are not working but the contract is fixed price....

19. What can I do and what can my employees do for themselves, to keep our personal individual
investments safe at this time?

20. Is it your opinion that certain SBA activities (e.g. socio-economic classification and program approvals)
will slow down to meet the demands of the new stimulus requirement?

21. What is a National Interest Action and what does it mean?

22. What specific tools can the contracting officer use to award contracts under emergency situations?

23. Should federal contractors react differently from other investors in this market volatility due to their
reliance on the federal government for contracts and funding?
Ben Offit – FINANCE ADVISOR

24. If the Federal government such as CDC NIH etc. orders from suppliers, does that legally become a
priority preference to other entities orders including the government?

25. The SBA’s Disaster Relief Website in the latest PTAC email does NOT list vast numbers of states and
areas within those states that have obviously been affected COVID-19. How frequently is the website being
updated? And how will we know if our work locations are covered by the Disaster Relief program if not
currently identified in the SBA website? Or is it Nationwide regardless of state or location?

26. What are the recommendations if the government doesn't allow the
contractors to telework?
Adam Nalls – BANKING

27. In the televised Presidential COVID update (3/17/20), Secretary Mnunchin stated that the
government’s (which I assumed is the SBA’s) Disaster Relief program will cover “small AND medium sized
businesses with less than 500 personnel”…. Question I have is, does his statement indicate that they are
somehow redefining what businesses can receive economic relief because ….

27. (cont.)
(1) there is NO definition in the SBA for a “Medium” sized company; and (2) Small Businesses are defined
by NAICs Code which can be based on # of personnel OR annual $ receipts… Please clarify what a
“medium” sized company is and if they qualify for relief or are only Small Businesses (based on their
primary NAICs code) eligible for relief.

28. If a Federal construction project is suspended due to this COVID-19 pandemic, we are being informed
that we MAY only be entitled to time extension (force majeure) and not money… This does nothing to help
companies financially and will result in both unexpected and unforeseen additional direct and indirect
costs relative to demobilization, remobilization, and procurement, etc… These severe economic impacts will
likely significantly harm many companies within contract supply chains and many of the small
subcontractors may not even survive to be able return to finish their work…it is that critical…. Based on
the massive nature of this global pandemic and the resultant significant impact to world economies (and
supply chains), we can only hope that senior DoD and Govt officials will implement FAIR AND
REASONABLE legislation and policy directives

28. (cont.) that will provide demonstrable relief to all such companies (like mine) that have committed our
entire mission to enhance the mission readiness of our Bases and their facilities while improving the
quality of the lives of our Soldiers, Sailors, Airmen, and Marines. Please elaborate on how firms can receive
equitable monetary relief should our projects be suspended.

29. If we have a FFP contract, do we still get paid or can the Gov’t modify the contract at their discretion?
Margaret Cassidy - LEGAL

30. What should I be asking my lender when having discussions with them?
Adam Nalls – BANKING

31. What do you suggest for new business development with agencies we have no relationships with: how to
get in front of potential buyers, how to establish new relationships to generate new sales in FY20?

32. My understanding of stop work orders is we can do an REA for costs associated with shutting down and
re-starting the work...but can I include Contractor salaries during this time if I have to keep paying them?

33. If the Gov’t closes an installation and then suspends the contract that we are working on based on a
policy decision (to presumably minimize the potential for future potential cases) and not based on any
direct or actual cases of Covid-19 infection, does the FAR clause for force majeure apply? Please explain
why a firm would not be eligible for fair and reasonable financial relief.

34. Please discuss future Congressional oversight of the Executive Branch agencies with the responsibility
for implementation of the COVID-19 legislation?

35. When can we expect a turnaround and are there any things I can do to improve my federal contracting
business during this time with growing or shrinking contracting opportunities?
Ben Offit – FINANCE ADVISOR

36. Will the contractor be protected years from now when DCAA/DCMA performs an audit for the year
2020? For example, people are teleworking from home with a teleworking agreement in place but the
contractor is still billing as if they are working at the contractor site.

37. Will the Federal Government assist small business by making money available to them in paying sick
contract employees?

38. What if we have contracts that do not include the Excusable Delays clauses (FAR 52.249-14 or FAR
52.212-4(f))?

39. Address the bill on emergency family leave expansion and emergency paid sick leave, expected to be
signed into law and its impact on businesses with fewer than 500 employees.
Crystal Ellerbe – PUBLIC AFFAIRS

40. Do we anticipate any contracting offices closing?

41. Do we have any details about the SBA’s relief for small businesses, or how to apply for those loans?
Adam Nalls - BANKING

COVID-19 And
The Federal Government Contracting Impact
Mary Beth Bosco
marybeth.bosco@hklaw.com
202.469.5270
Margaret Cassidy
m.cassidy@cassidylawpllc.com
202.266.9928
Thank you to our speakers!
Dewardrick McNeal
dmcneal@longviewgllc.com
240.602.4085
Crystal Ellerbe
crystale@strategies360.com
202.367.6012
Matthew Kuhns
matt.kuhns@edwardjones.com
571.525.2924
Ben Offit
BOffit@Offitadvisors.com
410.600.7526

COVID-19 And
Dan Ambrico
dambrico@lsq.com
203.243.5342
Adam Nalls
adam.nalls@atlanticunionbank.com
703.871.1361
Kevin Jans
kevin@skywayacquisition.com
1.877.884.5280
Guy Timberlake
gtimberlake@thesciif.net
Thank you to our speakers!
Please send additional questions to

COVID-19 And
Thank You!
Please send
additional questions to

COVID-19
And
The Federal
Government
Contracting Impact
Thank You
For Joining Us!
Slides will be avail on SlideShare.net
Full Webinar recording will be avail on our
YouTube Channel

COVID Contracting - COVID-19 And The Federal Government Contracting Impact - 101

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