Sec. 6. Contracting
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/bill/116/hr/6396/ih/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term covered entity means a small business concern or nonprofit organization— that is a party to a contract with a Federal agency; and for which the contractor performance is adversely impacted as a result of COVID–19. Notwithstanding any other provision of law or regulation, and except as provided in subparagraph (B), during the period beginning on the date of enactment of this Act and ending on September 30, 2021, the head of the Federal agency with which a covered entity has a contract shall provide the covered entity with the greater of— 30 additional days to carry out the responsibilities of the covered entity under the contract; or an additional amount of time to carry out the responsibilities of the covered entity under the contract that the head of the Federal agency determines to be appropriate after taking into consideration the severity of the adverse impact experienced by the covered entity.
Subparagraph
(A)shall not apply to any contract that the head of the Federal agency that is a party to the contract determines is critical to carrying out the mission of the Federal agency. If the performance of all or any part of the work of a Federal goods or services contract with a contractor that is a small business concern or a nonprofit organization in force and effect during the period beginning on the date of enactment of this Act and ending on September 30, 2021, is unavoidably delayed or interrupted by the inability of the employees of the small business concern or nonprofit organization, as applicable, to access Government facilities, systems, or other Government-provided resources due to restrictions related to COVID–19 that have been imposed by any authority or due to orders or instructions issued by the contracting agency in response to COVID–19— the Government shall pay the small business concern or nonprofit organization, as applicable, upon the submission of the documentation required by the contract and according to the terms specified in the contract, the prices stipulated in the contract for goods or services as if the small business concern or nonprofit organization, as applicable, had rendered and the Government accepted the goods or services; and contractor delivery schedules shall be revised and the small business concern or nonprofit organization, as applicable, shall be eligible for equitable adjustments based on the revised schedules. Notwithstanding any other provision of law or regulation, during any period in which the President invokes the authorities of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.), for any payment due by the head of a Federal agency on a contract for an item of property or service provided— with respect to a prime contractor (as defined in section 8701 of title 41, United States Code) that is a small business concern or nonprofit organization, the head of the Federal agency shall, to the fullest extent permitted by law and to the maximum extent practicable, establish an accelerated payment date of 15 days after a proper invoice for the amount due is received; and with respect to a prime contractor (as defined in section 8701 of title 41, United States Code) that subcontracts with a small business concern or nonprofit organization, the head of the Federal agency shall, to fullest extent permitted by law and to the maximum extent practicable, establish an accelerated payment date of 15 days after receipt of a proper invoice for the amount due if the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor. A small business concern or nonprofit organization may not receive a modification of terms or assistance under more than 1 paragraph of this subsection with respect to any single contract. During fiscal years 2021 and 2022, a Federal agency shall not cancel a contract in which the prime contractor (as defined in section 8701 of title 41, United States Code) is a small business concern that defaulted on the terms of the contract directly or indirectly due to the COVID–19 unless the Director of Small and Disadvantaged Business Utilization of the Federal agency certifies that— the contract is mission-critical; resolicitation of the contract would allow a faster delivery than the small business concern could provide; and the resolicitation of the contract is, to the greatest extent possible, awarded to another small business concern.
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U.S. Code