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OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2021-O0009, Recission
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Rescission of Class Deviation—Ensuring Adequate COVID-19 Safety Protocols for
Federal Contractors
Effective immediately, this memorandum rescinds Class Deviation 2021-O0009 and its
Revisions 1 and 2. Class Deviation 2021-O0009 implemented Executive Order (E.O.) 14042,
Ensuring Adequate COVID Safety Protocols for Federal Contractors. E.O. 14099, Moving Beyond
COVID-19 Vaccination Requirements for Federal Workers, dated May 9, 2023, effective May 12,
2023, and published on May 15, 2023, at 88 FR 30891, revoked E.O. 14042.
Therefore, effective immediately, to ensure compliance with E.O. 14099, contracting officers
shall not include the class deviation clause in new solicitations, contracts, task orders, and delivery
orders, and shall not enforce the requirements of the class deviation clause in existing contracts, task
orders, and delivery orders. In addition, and in accordance with Federal Acquisition Regulation
1.108(d), contracting officers may modify existing contracts, task orders, and delivery orders to
remove the class deviation clause (i.e., with the next modification). The class deviation clause is not
enforceable even if contracting officers do not modify existing contracts, task orders, and delivery
orders to remove it.
My point of contact is Ms. Jeanette Snyder, DPC/DARS, who may be reached at
jeanette.m.snyder4.civ@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing and Contracting