Appendix A1 - Special Clause - FAR 52.223-99 Ensuring Adequate COVID-19 Safety Protocols.pdf

APPENDIX A-1

Special Clause

Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021)(Deviation)

GENERAL PROVISIONS

SPECIAL CLAUSE – FAR 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY

PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

Applies to subcontracts that exceed the SAT, that are for services and/or construction performed in whole or in part within the US or its outlying areas.

(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.

NOTICE: The legality of this special clause is currently being litigated in federal court. In October 2022, the Federal Office and Management and Budget and the Safer Federal Workforce Task Force both advised federal agencies and prime contractors to not enforce any contract clauses implementing the Safety Protocols above until further notice. Therefore, compliance with this clause is not currently required. However, should federal guidance on this issue change, this clause will come back into effect and full compliance will be required.