Recission Memo for SAM Special Notice - FAR 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.pdf

Date: June 6, 2023

MEMORANDUM FOR OFFICE OF THE

COMPTROLLER OF THE CURRENCY CONTRACTING PERSONNEL

FROM: DEIRDRE EISCHENS

DIRECTOR, ACQUISITION MANAGEMENT DIVISION

SUBJECT: Rescission of the OCC SAM.gov Special Notice Relating to Treasury’s Acquisition Bulletin (AB) 22-01 dated October 7, 2021, entitled, “Class Deviation from the Federal Acquisition Regulation (FAR) Regarding Executive Order (E.O.) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors.”

Effective immediately, the subject OCC Special Notice (attached) is rescinded as a result of the issuance of “Executive Order on Moving Beyond COVID-19 Vaccination Requirements for Federal Workers,” dated May 09, 2023. FAR Clause 52.223-99 – Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (attached) should be removed from all solicitations and will not be enforced by the agency.

The attached information was posted on SAM.gov and is hereby rescinded.

My point of contact for this notification is Joseph Schmidt, who may be reached at joseph.schmidt@occ.treas.gov.

Attachment https://www.whitehouse.gov/briefing-room/presidential-actions/2023/05/09/executive-order-on-moving-beyond-covid-19-vaccination-requirements-for-federal-workers/ https://www.whitehouse.gov/briefing-room/presidential-actions/2023/05/09/executive-order-on-moving-beyond-covid-19-vaccination-requirements-for-federal-workers/ mailto:joseph.schmidt@occ.treas.gov

[THE FOLLOWING SAM.GOV SPECIAL NOTICE PREVIOUSLY PUBLISHED BY THE OCC

HAS BEEN RECINDED IN ITS ENTIRETY.]

Original SAM.gov Special Notice information

Vaccination/Testing:

There is no requirement for contractors working at (or visiting) an OCC worksite to:

1. undergo COVID-19 screening or testing prior to coming on-site,

2. show a vaccination attestation form, or

3. show proof of negative COVID-19 test.

Contractors are not required to report positive COVID-19 tests or close contact with others who have tested positive for COVID-19. Rather, contractors working at (or visiting) an OCC worksite must follow CDC’s guidance for “What to Do If You Were Exposed to COVID-19” and/or “Isolation and Precautions for People with COVID-19.”

Mask Wearing:

In HIGH COVID-19 community levels, high-quality masks are required for all contractors working at (or visiting) an OCC worksite, regardless of vaccination status. A high-quality mask is either a NIOSH-approved respirator (such as an N95 respirator) or a well-fitting KN95 or disposable “procedure” or “surgical” mask. A cloth mask is not a high-quality mask. Masks should be well-fitting and worn consistently and correctly (over mouth and nose). Masks should be worn in any OCC common areas or shared workspaces (including open floorplan office space, cubicle embankments, and conference rooms).

All in-person contractors at any meetings, conferences, or events hosted by the OCC must comply with relevant COVID-19 safety protocols, including mask-wearing when the event takes place in location in which the COVID-19 community level is HIGH.

Post-Exposure Protocols:

Contractors who have been exposed to someone with COVID-19, regardless of vaccination status, must:

(1) immediately wear a high-quality mask while working indoors at an OCC worksite for a full 10 days; (2) take extra precautions, such as avoiding crowds and physically distancing from others, when they know they are around people who are more likely to get very sick from COVID-19 while working at an OCC worksite, for 10 full days from the date they were last exposed; (3) watch for COVID-19 symptoms for a full 10 days from the date they were last exposed and take a viral test authorized by the FDA to detect current infection, at least 5 full days after the last exposure (ideally, on or after day 6.); and (4) if test is negative, continue to follow above precautions for full 10 days; or if test is positive.

Protocols for those with Symptoms or who Test Positive for COVID-19:

If a contractor working at (or visiting) an OCC worksite has symptoms of COVID-19, they must stay home from work and should immediately take a viral test authorized by the FDA to detect current infection.

Contactors who have tested positive for COVID-19 but have not experienced symptoms may return to OCC onsite work after 5 full days following the positive test (day 0 being the day of the test). If the contactor subsequently develops symptoms, they must not enter the OCC workplace, and must restart isolation at day 0 on the day the symptoms developed. Contactors who have tested positive and have experienced symptoms may return to OCC onsite work after 5 full days from the onset of symptoms (day 0 being the day of symptom onset, regardless of when the individual tested positive), and once they are fever-free for 24 hours without the use of fever-reducing medication and with improving symptoms. When returning to OCC onsite work, contractors must wear a high-quality mask consistent with the above section on “Mask Wearing” for at least 10 full days after either the first day of symptoms, or the after the date of a positive viral test for asymptomatic contractors. Environments such as dining facilities and gyms should also be avoided. As an alternative to wearing a high-quality mask for 10 full days, such contractors may opt to take two viral antigen tests authorized by the FDA to detect current COVID-19 infection, starting on day 6. With two sequential negative tests 48 hours apart, the contactor may remove their mask sooner than day 10. If either antigen test is positive, the contractor should continue taking antigen tests at least 48 hours apart until there are two sequential negative tests and should continue wearing a high-quality mask and testing beyond day 10.

COVID-19 FAR CLAUSE:

Currently, the OCC will not take any action(s) to implement or enforce FAR clause 52.223- 99, “ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT

2021) (DEVIATION).”

The OCC reserves the right to revise its safety protocols and procedures at any time to promote the health and safety of its workforce.

GOVERNMENTWIDE COVID GUIDANCE AND UPDATES

OCC contractors are encouraged to continue monitoring the Centers for Disease Control and Prevention (CDC) guidance at https://www.cdc.gov/coronavirus/2019-ncov/index.html, and the Safer Federal Workforce Task Force Guidance at http://www.saferfederalworkforce.gov/contractors/, for guidance.

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

(OCT 2021) (DEVIATION)

(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.

(End of clause) https://www.saferfederalworkforce.gov/contractors/