Archived Deviation
This deviation was archived on 2023-05-12.
The information below is preserved for reference.
Rescinded
This deviation was rescinded by Class Deviation 2021-O0009 on May 12, 2023. The original memorandum is not separately archived.
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 The deviation remains in effect until incorporated into the Federal Acquisition Regulation (FAR) or rescinded.
Contracting Officer Actions
1
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.
2
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.
3
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.
4
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.
5
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.
6
When modifying existing contracts, task orders or delivery orders under this deviation, use a bilateral modification to incorporate clause 252.223-7999.
7
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.
8
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.
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.
Affected Provisions and Clauses
View replacement text
formal_title
ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (DEVIATION 2021-O0009) (OCT 2021)
body
(a) Definition. As used in this clause – United States or its outlying areas means— (1) The fifty States; (2) The District of Columbia; (3) The commonwealths of Puerto Rico and the Northern Mariana Islands; (4) The territories of American Samoa, Guam, and the United States Virgin Islands; and (5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll. (b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985). (c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.
Clause Text
CLAUSE
252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009)
Clause
ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (DEVIATION 2021-O0009) (OCT 2021) (a) Definition. As used in this clause – United States or its outlying areas means— (1) The fifty States; (2) The District of Columbia; (3) The commonwealths of Puerto Rico and the Northern Mariana Islands; (4) The territories of American Samoa, Guam, and the United States Virgin Islands; and (5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll. (b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985). (c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.