When Your Contingency Plan Is No Longer a Contingency
Maynard Cooper Gale – Department of Defense solicitations require a Mission-Essential Contractor Services Plan when the DoD procures “Essential contractor Service and Mission-essential Functions.” DFARS 252.237-7023. The Plan must address the contractor’s ability to provide mission-essential functions during periods of crisis including, for example, how the contractor will supply the personnel and resources required to maintain continuity of essential functions “for up to 30 days or until normal operations can be resumed.” While most Plans contain considered procedures to address foreseeable but extraordinary circumstances, long-term interruptions to both supply chain and labor are not likely contemplated by even the best Plans. The sustained interruptions brought about by the COVID-19 virus leaves contractors to determine: 1) the scope of their obligations, and 2) how to address essential services that cannot be fully provided despite their best efforts.
