For Federal Contractors
On September 9, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, which directs executive departments and agencies to ensure that contracts and contract-like instruments covered by the order include a clause requiring the contractor—and their subcontractors at any tier—to, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Task Force. These workplace safety protocols will apply to all covered contractor employees, including employees in covered contractor workplaces who are not working on a Federal Government contract or contract-like instrument. This action is a key step in implementing part of the President’s Path Out of the Pandemic: COVID-19 Action Plan.
Read the COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Updated November 10, 2021; PDF, Download Adobe Reader). It sets forth workplace safety protocols for contractor or subcontractor workplace locations pursuant to Executive Order 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors. (Note: a revised PDF was posted on November 11, 2021 that corrected an inadvertent typographical error.)
Read the FAR Council Memorandum on Issuance of Agency Deviations to Implement Executive Order 14042 (Issued September 30, 2021; PDF, Download Adobe Reader). It supports agencies in their issuance of deviations to incorporate a clause into their solicitations and contracts that implements Safer Federal Workforce Task Force guidance on workplace safety protocols for contractor or subcontractor workplace locations.
New Regarding Applicable Court Orders and Injunctions: The Office of Management and Budget has issued guidance on implementing requirements of Executive Order 14042 while ensuring compliance with applicable court orders and injunctions, including those that are preliminary and may be supplemented, modified, or vacated, depending on the course of ongoing litigation.
For existing contracts or contract-like instruments (hereinafter “contracts”) that contain a clause implementing requirements of Executive Order 14042: The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area.
Currently Excluded States and Outlying Areas: All of the United States and its outlying areas, including:
- The fifty States;
- The District of Columbia;
- The commonwealths of Puerto Rico and the Northern Mariana Islands;
- The territories of American Samoa, Guam, and the United States Virgin Islands; and
- The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.
NOTE: Federal agency COVID-19 workplace safety protocols for Federal buildings and Federally controlled facilities still apply in all locations. Contractor employees working onsite in those buildings and facilities must still follow Federal agency workplace safety protocols when working onsite.