Memo - Rescission AB 22-01.pdf

DEPARTMENT OF THE TREASURY

WASHINGTON, D.C.

MEMORANDUM FOR TREASURY CONTRACTING PERSONNEL

FROM: NICOLE EVANS

SENIOR PROCUREMENT EXECUTIVE

SUBJECT: Rescission of 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Effective immediately, the subject Acquisition Bulletin (AB) is rescinded as a result of the issuance of “Executive Order on Moving Beyond COVID- 19 Vaccination Requirements for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.

AB 2022-01 introduced the clause at FAR 52.223-99 – Ensuring Adequate COVID-19 Safety

Protocols for Federal Contractors (Attached) and as of the date signed, this clause should be removed from all solicitations.

My point of contact for this notification is Mr. Steve Kvalevog, who may be reached at steven.kvalevog@treasury.gov or at OfficeoftheProcurementExecutive@treasury.gov.

Attachment

Date: May 12, 2023

Revision 1)

September 9, 2005 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:steven.kvalevog@treasury.gov mailto:OfficeoftheProcurementExecutive@treasury.gov

ATTACHMENT

FAR Deviation Text shown as [bolded, bracketed additions]; Deletions shown as strike throughs;

and FAR text unchanged shown as asterisks * * * or * * * * *.

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2—Text of Provisions and Clauses

[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.

https://www.saferfederalworkforce.gov/contractors/