00:33:50	Christopher Yukins:	Some of the acronyms we've been using -- a contractor will make a request for an equitable adjustment (an "REA") under Section 3610 of the CARES Act, for leave afforded employees.  If the contracting officer rejects or ignores that request, the contractor may present a formal claim under the Contract Disputes Act ("CDA"),  If the contracting officer rejects or ignores that formal claim, her decision (or failure to act) can be appealed to one of the Boards of Contract Appeals ("BCA") (Civilian or Armed Services) or the Court of Federal Claims ("COFC").  The question ultimately may be appealed to the US Court of Appeals for the Federal Circuit, and ultimately the Supreme Court.
00:44:22	abidi taoufik:	i think one of the most imprtant issues is the question of resposiblility due to delays or impossibility of contract performance. do we need new provision or it's possible to use classic civil law
00:46:47	Christopher Yukins:	Hi, Abidi -- on the COVID-19 Resources page, we included references to the standard (and well-established) Federal Acquisition Regulation clauses which address impossibility of performance.  Unfortunately, those clauses deal primarily with delay, not compensation -- or reimbursement for paid leave, which is what Section 3610 deals with specially in the pandemic.
00:47:26	abidi taoufik:	thanks
00:50:09	Craig Barrett:	During our weekly General Counsel Exchange Contracts Subgroup (COVID-19 Government discussion Group), we raise the issue of the best way to approach contractor reimbursement IAW Sec 3610.  The main concern is whether the execution of payment would withstand third party review (e.g., IG Audit). Although the reimbursement may take a variety of forms: 1) REA, 2) straight payment of a submitted invoice, 3) advance payment, or 4) payment on designated funded CLIN (Contract Line Item Number) specifically designated for paid leave IAW CARES Act, the counsels agree that there should be a uniform approached so that contractors can know what to expect regardless of the Agency partner.  Thus information sharing by government agency is critical and we are working toward sharing SOPs and lessons learned.
00:53:21	Joshua Schwartz:	Chris, Alfreda: Here’s a question, which you should feel free to suppress it it is too political, or if you just want to sideline a ringer’s question.  My thesis: the President and his administration are busily exercising authorities that they do not have in govt. procurement, or using the authorities they do have inappropriately/indiscriminately and and at the same time are lax is exercising authorities that they do have (like the DPA is the case of ventilators or PPE)  Joshua
01:04:17	Christopher Yukins:	We've received a question from Professor Moukiou (Athens) about data protection issues in submitting reimbursement?  The answer is a much looser approach to data protection here in the United States -- while personal information such as healthcare information regarding employees can't be submitted to the contracting officer, contractors can generally describe their employees' situation in requesting reimbursement.
01:07:38	Chryssoula Moukiou:	And more than that what about national secrecy?
01:09:18	Chryssoula Moukiou:	What happens if national secrecy should be evoked in order to claim reimbursement?
01:11:38	Christopher Yukins:	To Professor Moukiou's question:  a claim that comes out of a classified contract will be handled, if necessary, through a classified process -- both the lawyers and the judges involved will hold security clearances.
01:13:28	Chryssoula Moukiou:	Ok for the judges. But it goes the same for agencies or quasi judicial authorities?
01:19:58	Christopher Yukins:	The CDC has published initial assessments of why the pandemic is having a disparate impact -- the agency is in the information-gathering stage.
01:23:36	Dominique Casimir:	FYI and somewhat related, the CARES Act provides for $10M in grants to minority chambers of commerce to be used for education, training, and advising minority business enterprises and their employees regarding how to apply for government resources, mitigating adverse impacts of COVID-19 on minority businesses, teleworking strategies, and general business response to COVID-19. 
01:27:34	Chryssoula Moukiou:	Thank you all! 
01:28:22	Chryssoula Moukiou:	Chryssoula Moukiou Professsor of Administrative Law Athens, Legal Advisor to the General Secretary of Migration and aAsylum Greece
01:29:41	Serra Abercrombie:	This was wonderful thank you all!