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November, 2021

COVID-19 Requirements for Federal Contractors

The Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, directs executive departments and agencies to ensure that contracts covered by the order include a clause requiring the contractor, and their subcontractors, to comply with all contractor guidance issued by the Safer Federal Workforce Taskforce.

The FAR Council Memorandum on Issuance of Agency Deviations to Implement Executive Order 14042 provided agencies direction for incorporation of the FAR clause 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors into solicitations and contracts. The FAR clause 52.223-99 was incorporated in Treasury Acquisition Bulletin 22-01 which issued a class deviation to implement EO 14042.

The clause requires contractors to comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during performance of the contract for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force at https://www.saferfederalworkforce.gov/contractors/. Check out the Safer Federal Workforce Task Force website to learn more about COVID-19 federal contractor safety requirements!

The Division of Procurement Services started implementing the clause in covered new awards and option renewals on October 12, 2021. The clause will be implemented in all existing awards through a bilateral modification at option renewal if it has not already been incorporated.

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