# Class Deviation 2024-O0001
# Class Deviation 2024-O0001 – Implementation of Injunction of Executive Order 14026, Increasing the Minimum Wage for Federal Contractors

Status: Active
Date Issued: Effective immediately (injunction effective October 4, 2023)
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers
Authority: Executive Order 14026, Increasing the Minimum Wage for Federal Contractors; U.S. District Court for the Southern District of Texas injunction (September 26, 2023)

## Summary

This deviation implements a federal court injunction that prohibits enforcing Executive Order 14026 and the Department of Labor final rule (86 FR 67126) against the States of Texas, Louisiana and Mississippi and their agencies. Contracting officers must stop using FAR clause 52.222-55 in solicitations and contracts where those states or their agencies are a party, regardless of the place of performance. The deviation applies only to those three states and their agencies as contract parties, not to all contractors or contracts physically located within those states.

## Required Contracting Officer Actions

1. Do not include FAR clause 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026, in any solicitation or contract, including those using FAR part 12 procedures, where the States of Texas, Louisiana or Mississippi or their agencies are a party.
2. Do not use FAR clause 52.222-55 in any extension, renewal or option exercise on existing contracts where the States of Texas, Louisiana or Mississippi or their agencies are a party.

## Affected Provisions and Clauses

### 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Clause)
- Prescribed in: 22.1906
- Change type: REMOVED
- Action: Do not use this clause in solicitations or contracts, including FAR part 12 acquisitions, where the States of Texas, Louisiana or Mississippi or their agencies are a contracting party. Do not use it in any extension, renewal or option exercise on existing contracts with those states or their agencies.

## Notes

Scope limitation: The deviation applies only to Texas, Louisiana and Mississippi and their agencies as parties to federal contracts. It does not apply geographically to all contractors or contracts performed within those three states.

Duration: The deviation remains in effect until rescinded. Questions should be directed to Mr. Larry McLaury at larry.j.mclaury2.civ@mail.mil.

Background on EO 14026: E.O. 14026 raised the federal contractor minimum wage to $15 per hour and revoked E.O. 13838, which had exempted certain seasonal recreational services on federal lands from the minimum wage requirements of E.O. 13658. The FAR was amended by an interim rule effective January 30, 2022 to implement these changes.

## 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 52.222-55 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/USA002172-23-DPC.pdf