# Class Deviation 2021-O0009
# Rescission of Class Deviation 2021-O0009 – Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

Status: Active
Date Issued: effective immediately (May 2023)
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers
Authority: Executive Order 14099, Moving Beyond COVID-19 Vaccination Requirements for Federal Workers

## Summary

This memorandum rescinds Class Deviation 2021-O0009 and its Revisions 1 and 2, which had implemented E.O. 14042 requiring COVID-19 safety protocols for federal contractors. E.O. 14042 was revoked by E.O. 14099 on May 9, 2023, making the class deviation clause unenforceable. Contracting officers must immediately stop including or enforcing the deviation clause and may remove it from existing contracts at the next available modification.

## Required Contracting Officer Actions

1. Do not include the class deviation clause in new solicitations, contracts, task orders or delivery orders.
2. Do not enforce the requirements of the class deviation clause in existing contracts, task orders or delivery orders.
3. Modify existing contracts, task orders and delivery orders to remove the class deviation clause with the next modification, in accordance with FAR 1.108(d).

## Affected Provisions and Clauses

### N/A, Class Deviation Clause—Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Clause)
- Change type: REMOVED
- Action: Remove from all new and existing solicitations, contracts, task orders and delivery orders. The clause is unenforceable effective immediately.

## Notes

Unenforceability without modification: The class deviation clause is not enforceable even if contracting officers do not modify existing contracts, task orders or delivery orders to remove it.

## Suggested Questions

You can ask your AI assistant:
- What actions do I need to take for this deviation?
- Does this deviation affect commercial acquisitions under Part 12?
- Which clauses need to be removed from my existing contracts?
- How does this deviation change N/A specifically?
- Are there any SAM registration implications?

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Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA001182-23-DPC.pdf