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Acquisition Policy Flash! 23-13

What's Changed?

Class Deviation from the Federal Acquisition Regulation Regarding Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors - Supplement to Rescind CAAC Letter 2021-03

Purpose: Civilian Agency Acquisition Council (CAAC) letter 2021-03, Supplement, dated May 12, 2023, rescinds CAAC Letter 2021-03 dated September 30, 2021. Therefore, the deviation rescinds the VA Class Deviation from the Federal Acquisition Regulation Regarding Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors dated October 1, 2021, and its revision dated December 14, 2021.

FAR Section Referenced: FAR 52.223-99.

Effective Date: May 19, 2023.

Background: CAAC Letter 2021-03 authorized agencies to issue a class deviation to implement Executive Order (E.O.) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors. The E.O. required agencies to include a clause requiring contractors and subcontractors at any tier to comply with all guidance for contractor or subcontractor workplace locations as published by the Safer Federal Workforce Task Force. The clause, FAR 52.223-99, applied to solicitations and contracts for services, including construction. E.O. titled “Moving Beyond COVID-19 Vaccination Requirements for Federal Workers” effective at 12:01am on May 12, 2023, revokes E.O. 14042. Consistent with the “Moving Beyond COVID-19 Vaccination Requirements for Federal Workers” E.O., any agency policies that have been adopted to implement E.O. 14042 can no longer be enforced and must be rescinded. As such, clause 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors, shall no longer be included or enforced in any solicitation or contract.

Applicability: This notice applies to VA contracting activities.

Action Required: Contracting officers shall no longer include or enforce FAR clause 52.223-99 in any solicitation or contract.

Additional Information: Direct any questions to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at va.procurement.policy@va.gov.

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