The memorandum issued by the Department of Health & Human Services (HHS) on March 14, 2020, provides guidance to contracting officials on managing potential impacts of COVID-19 on federal contracts and contractor performance. Emphasizing the priority of workforce health and safety while maintaining the department’s mission, the document instructs contracting officials to maintain open lines of communication with contractors, proactively address potential service interruptions, and consider flexible, adaptive solutions in response to pandemic-related challenges such as quarantines, building closures, supply chain disruptions, and workforce availability issues. Contracting officers are urged to consider telework arrangements where feasible, modify contracts to accommodate remote work, and employ contract clauses for excusable delays, suspensions, or changes as appropriate. In cases where telework is not possible, officials are advised to be flexible regarding contract deadlines and utilize available federal acquisition regulations to manage disruptions.
The memorandum highlights the importance of collaboration, proactive planning, and innovative, legally sound approaches to contract management amidst the rapidly evolving situation presented by COVID-19. It also directs staff to relevant federal resources and guidelines for additional support, and commits to providing further updates and tools, such as FAQs, as more information becomes available. Overall, the guidance underscores the necessity of flexibility and clear communication to ensure continuity of operations and the fulfillment of HHS’s mission during the pandemic.
