Acquisition Policy Flash! 22-02 - Office of Acquisition and Logistics (OAL)
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Acquisition Policy Flash! 22-02

What's Changed?

Class Deviation from the Federal Acquisition Regulation Regarding Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors

Purpose: To issue a class deviation in accordance with Federal Acquisition Regulation (FAR) 1.404, to implement Executive Order (E.O.) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors. Federal agencies are authorized by the Civilian Agency Acquisition Council letter 2021-03, dated September 30, 2021 to issue a class deviation.

FAR Section Referenced: FAR 52.223-99.

Effective Date: Immediately.

Background: E.O. 14042 was signed by the President on September 9, 2021 and published in the Federal Register at 86 FR 50985 on September 14, 2021. The E.O. requires agencies to include a clause in applicable contracts requiring contractors and subcontractors at any tier to comply with all guidance for contractor workplace locations as published by the Safer Federal Workforce Task Force (Task Force Guidance). The clause applies to solicitations and contracts for services, including construction.

Applicability: The class deviation applies to solicitation and contracts for services, including construction.

Action Required: Contracting officers shall comply with the attached class deviation to include the new clause as directed.

Contracting officers are required to include the clause in—

  • New contracts awarded on or after November 14, 2021 from solicitations issued before October 15, 2021 (this includes new orders awarded on or after November 14, 2021 from solicitations issued before October 15, 2021 under existing indefinite-delivery contracts);
  • New solicitations issued on or after October 15, 2021 and contracts awarded pursuant to those solicitations (this includes new solicitations issued on or after October 15, 2021 for orders awarded pursuant to those solicitations under existing indefinite-delivery contracts);
  • Extensions or renewals of existing contracts and orders awarded on or after October 15, 2021; and
  • Options on existing contracts and orders exercised on or after October 15, 2021.

To maximize the goal of getting more people vaccinated and decrease the spread of COVID-19, the Task Force strongly encourages agencies to apply the requirements of the Task Force Guidance broadly, consistent with applicable law. Accordingly, contracting officers are encouraged, but are not required to include the clause in—

  • Contracts that will be awarded prior to November 14, 2021 on solicitations issued before October 15, 2021; and
  • Contracts that are not covered or directly addressed by the E.O. because the contract or subcontract is under the simplified acquisition threshold.

The clause shall not be applied to:

  • Contracts and subcontracts with Indian Tribes under the Indian Self-Determination and Education Assistance (P.L. 93-638); or
  • Solicitations and contracts if performance is outside the United States or its outlying areas (the exclusion is limited to employees who are performing work outside the U.S. or its outlying areas).

Additional Information: Direct any questions or comments to Procurement Policy and Warrant Management Service at va.procurement.policy@va.gov.