Implementation Guidance for Section 3610(CARES Act) Reimbursement Requests on Other Transactions for Prototype Projects (Aug. 17, 2020)
Implementation Guidance for Section 3610(CARES Act) Reimbursement Requests on Other Transactions for Prototype Projects
Summary
A DoD Defense Pricing and Contracting memorandum (signed by Acting Principal Director Kim Herrington, dated August 17, 2020) providing implementation guidance for CARES Act (Pub. L. 116-136) Section 3610 reimbursement requests on Other Transactions for Prototype Projects under 10 U.S.C. 2371b. It explains that Section 3610's authority to modify "contracts, or other agreements" reaches prototype OTs, and that although the associated FAR-based class deviations (2020-O0021 and 2020-O0013) apply only to FAR contracts, their principles may guide reimbursement decisions on prototype OTs, with requests submitted to an Agreements Officer. It is directly relevant to administering prototype OTs during the COVID-19 emergency.