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Class Deviation 2021-O0009

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

Status: Active

Date Issued: 2023-05-12

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 14099, Moving Beyond COVID-19 Vaccination Requirements for Federal Workers (May 9, 2023)

Summary

This memorandum rescinds Class Deviation 2021-O0009 and its Revisions 1 and 2. The deviation implemented E.O. 14042, which E.O. 14099 revoked on May 12, 2023. Contracting Officers must stop including and enforcing the deviation clause immediately.

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 class deviation clause requirements in existing contracts, task orders or delivery orders.
  3. Optionally modify existing contracts, task orders or delivery orders to remove the clause with the next modification.

Notes

Unenforceability: The class deviation clause is unenforceable even if COs do not modify existing contracts to remove it.

Modification authority: FAR 1.108(d) authorizes COs to remove the clause via the next scheduled contract modification.

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?
  • Are there any SAM registration implications?

Source: https://part52.dev

Generated: 2026-04-21 17:40 UTC

Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA001182-23-DPC.pdf