Government Contracts Legal Round-Up | 2021 Issue 12

• Published date: 10 July 2021
• Subject Matter: Government, Public Sector, Government Contracts, Procurement & PPP
• Law Firm: Jenner & Block
• Author: Jenner & Block

Welcome to Jenner & Block's Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal, compliance, contracting, and business executives. Please contact any of the professionals at the bottom of the update for further information on any of these topics.

REGULATORY UPDATE

1. Department of State Acquisition Regulation; Safety Requirements, Final Rule, Effective June 28, 2021

• The Department of State has adopted as final an interim rule amending the Department of State Acquisition Regulation (DOSAR) to provide new guidance prescribing more stringent safety requirements for certain overseas construction and services projects.

2. DoD Class Deviation 2021-O0006: Department of State Rescission of Determination Regarding Sudan, Effective June 24, 2021

• This class deviation implements the Department of State Public Notice: 11281, Rescission of Determination Regarding Sudan announcing removal of Sudan from the US list of state sponsors of terrorism, effective December 14, 2020.
• This class deviation is to be used in lieu of the provision at DFARS 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism; and the clause at DFARS 252.225-7051, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

3. DoD Class Deviation 2020-O0012, Revision 1, Undefinitized Contract Actions During the National Emergency for the Coronavirus Disease 2019

• This class deviation revises and supersedes the class deviation issued on April 3, 2020 regarding the same subject.
• Contracting officers shall follow the policies and procedures in this class deviation in lieu of those at DFARS 217.7404(a) and (a)(1)(i), 217.7404-3(a), and 217.7404-4(a) for undefinitized contract actions (UCAs) related to the national emergency for COVID-19, as determined by the head of the contracting activity (HCA).
• This class deviation eliminates the requirement to limit obligations, after receipt of a qualifying proposal, to 75 percent of the not-to-exceed price before definitization for UCAs related to the national emergency for COVID-19.
• The HCA may also waive certain limitations for a COVID-19-related UCA, including a conditional waiver of the 80 percent progress-payment limit (10 U.S.C. 2307(e)(2)) for a UCA, if the HCA determines that the waiver is necessary due to the national emergency for...