Class Deviation 2021-O0009-original - – Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

Status: Archived

Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting

Scope: All DoD contracting officers

Applies to DAF/Air Force: Yes

Authority: Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021

Summary

This deviation implements Executive Order (EO) 14042, which directs agencies to ensure contractor workplace compliance with Safer Federal Workforce Task Force guidance. Contracting officers must insert new clause 252.223-7999 in solicitations and contracts for services performed in whole or in part within the United States or its outlying areas that exceed the simplified acquisition threshold (SAT). The deviation remains in effect until incorporated into the Federal Acquisition Regulation (FAR) or rescinded.

Required Contracting Officer Actions

Insert clause 252.223-7999, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009). Use in solicitations issued on or after 2021-10-15 and resulting contracts, task orders and delivery orders expected to exceed the SAT.
Insert clause 252.223-7999 in contracts, task orders and delivery orders awarded on or after 2021-11-14 from solicitations issued before 2021-10-15 that exceed the SAT.
Insert clause 252.223-7999 in all extensions or renewals issued on or after 2021-10-15 of contracts, task orders and delivery orders that exceed the SAT.
Insert clause 252.223-7999 in all options exercised on or after 2021-10-15 on contracts, task orders and delivery orders that exceed the SAT.
Insert clause 252.223-7999 in existing indefinite-delivery, indefinite-quantity contracts anticipated to have orders exceeding the SAT with ordering periods extending beyond 2021-10-15.
When modifying existing contracts, task orders or delivery orders under this deviation, use a bilateral modification to incorporate clause 252.223-7999.
Do not insert clause 252.223-7999 in contracts or subcontracts with Indian Tribes under the Indian Self-Determination and Education Assistance Act. This exclusion does not apply to procurement contracts with Indian-owned or tribally-owned business entities.
You may insert clause 252.223-7999 in solicitations issued before 2021-10-15, contracts awarded before 2021-11-14 from pre-2021-10-15 solicitations, solicitations and contracts at or below the SAT for services in the United States or its outlying areas, and solicitations and contracts for manufacturing of products.

Affected Provisions and Clauses

252.223-7999, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009) (Clause)

Change type: NEW
Action: New deviation clause created to implement EO 14042. Insert in covered solicitations, contracts, task orders and delivery orders for services performed in the United States or its outlying areas that exceed the SAT.

Notes

Subcontract flowdown: Clause 252.223-7999 requires contractors to flow down the clause to subcontracts at any tier that exceed the SAT and are for services performed in whole or in part within the United States or its outlying areas.

Task Force Guidance: Contractors must comply with all Safer Federal Workforce Task Force guidance, including Frequently Asked Questions, as amended during contract performance.

Questions: Direct comments or questions to Defense Pricing and Contracting, Contract Policy, at osd.pentagon.ousd-a-s.mbx.asda-dp-c-contractpolicy@mail.mil.