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COVID-19 Effects on Cleared Contractors

Client Alert | 1 min read | 04.02.20

On March 30, 2020, the Defense Counterintelligence and Security Agency (DCSA) published COVID-19 NISP Guidance to describe for cleared industry how DCSA will conduct its oversight mission during the pandemic. That guidance includes, among other things:

  • DCSA has suspended all enhanced security vulnerability assessments (ESVA) and other on-site activities. DCSA Industrial Security Representatives (ISR) will instead conduct continuous monitoring engagements through virtual outreach.
  • Cleared contractors with safeguarding remain responsible for ensuring classified material remains appropriately secured, even in areas implementing mandatory quarantines. DCSA provides guidance regarding handling end-of-day checks of security containers, approved closed areas, and special access program facilities during the pandemic.
  • Cleared contractor personnel furloughed or not in pay status should be removed from access in JPAS and need not complete annual refresher training. Overdue training must be completed within 60-days of returning to normal operations.
  • DCSA will extend all information systems’ Authorizations to Operate (ATO) expiring before April 18, 2020 for an additional 90 days. Security Control Assessment (SCA) activity will continue, but the on-site portion will be deferred.
  • DCSA will continue to process facility clearance (FCL) actions. However, the inquiries telephone line is suspended, and contractors seeking status updates or other assistance may instead leave detailed voicemail messages on the Knowledge Center line at 888-282-7682 or e-mail the Facility Clearance Branch (FCB) at dcsa.fcb@mail.mil.
  • The Department of Defense (DoD) Consolidated Adjudication Facility (CAF) call center is temporarily suspended. Inquiries may be e-mailed to whs.meade.dodcaf.mbx.dodcaf-callcenter@mail.mil, and an agent will follow up.


Insights

Client Alert | 1 min read | 04.18.24

GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings

On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS).  Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions:...