Congressional Research Service Report Discusses Emergency-Related Acquisition Flexibilities, the Good, the Bad, and the Ugly

This Congressional report, issued December 27, 2022, provides a “discussion of acquisition flexibilities federal agencies may use to facilitate the government’s response to and recovery from disasters and emergencies.” The report explains the various types of flexibilities and some of the pros and cons of each. And it concludes by identifying several significant issues related to these acquisition flexibilities. Let’s take a look.

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Sole-Source Options for Agencies During the COVID-19 Pandemic

The current COVID-19 pandemic has prompted the federal government to take drastic measures. It has altered many aspects of federal contracting for contractors and agencies alike. During these trying times, agencies also have the authority to streamline some contracting procedures. Let’s take a look.

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CORs Weren’t Authorized To Order Additional Work–So Contractor Goes Unpaid

A contractor’s performance of extra work outside the scope of the contract may go uncompensated if a contractor does not receive appropriate authorization in accordance with the contractual terms.

A Court of Federal Claims decision reinforced that a contractor should only perform work required under the terms of the federal contract or directed by an authorized government agent in accordance with the contractual terms. And importantly, a Contracting Officer’s Representative isn’t always authorized to order additional work–even if that person acts as though he or she has such authority.

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