AAPD 21-04 Revision 1

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AAPD 21-04 Revision 1: EXECUTIVE ORDER 14042 ON ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL AWARDS (FAR Deviation No. M-OAA-DEV-FAR-22-01c)

AAPDs provide information of significance to all agency personnel and partners involved in the Acquisition and Assistance process. Information includes (but is not limited to): advance notification of changes in acquisition or assistance regulations; reminders; procedures; and general information. Also, AAPDs may be used to implement new requirements on short-notice, pending formal amendment of acquisition or assistance regulations.

Subject Category: Acquisition Management, PSCs, Assistance (Cooperative Agreements only)

Purpose: The purpose of this AAPD is to inform Acquisition and Assistance professionals of new award requirements to implement Executive Order (E.O.) 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors, issued on September 9, 2021. The requirements in this E.O. are applicable to contracts (including personal services contracts) and contract-like awards such as cooperative agreements, with the goals of maximizing the number of individuals vaccinated and decreasing the spread of COVID-19. Revision #1 to this AAPD incorporates an additional mandatory reporting requirement in Federal Procurement Data System-Next Generation (FPDS-NG). 

Important note: Guidance regarding applicability of this requirement to contract-like awards such as cooperative agreements will be issued as a revision to this AAPD at a later time. These requirements do not apply to grants, including fixed amount awards that are grants, or grants under contracts (GUCs). 

Contracting Officers (COs) are required to amend solicitations and modify existing awards in accordance with the required action in Section II below. 

Effective Date: This AAPD is effective from the date of the signature and continues in effect unless rescinded or the FAR is formally revised through rulemaking, whichever occurs first. 

Required Action: 1. FOR USAID DIRECT CONTRACTS:

Required Action: 1. FOR USAID DIRECT CONTRACTS:
Use of the contract clause is authorized through the approval of FAR class deviation #M/OAADEV-FAR-22-01c. The clause applies to all solicitations and contracts (including task orders and delivery orders) as specified in the prescription of the clause at Attachment 1. When modifying existing contracts, task orders, or delivery orders in accordance with this deviation, COs must use a bilateral modification to incorporate the deviation clause.

BACKGROUND: On September 9, 2021, President Biden announced his Path Out of the Pandemic: COVID-19 Action Plan. As part of that plan, the President signed E.O. 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors that directs Executive departments and agencies, including independent establishments subject to the Federal Property and Administrative Services Act, 40 U.S.C. 102(4)(A), to ensure that contracts and contract-like instruments (including cooperative agreements) include a clause that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier subcontracts. This was done to promote economy and efficiency in federal procurement by ensuring that parties that contract with the federal government provide adequate COVID-19 safeguards to their workers performing on or in connection with a federal government contract or contract-like instruments. The E.O. also expanded the application of new requirements for federal contractors beyond those individuals performing on-site under contracts in federal facilities. On September 29, 2021, the Director of OAA issued the Letter to Partners - Vaccination Requirement - E.O. 14042 which provided preliminary guidance. Class deviation (#M/OAA-DEV-FAR-22-01c) was approved on October 8, 2021 to implement the requirements of E.O. 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021, which directs agencies to include a clause in certain contracts to ensure that contractors comply with all guidance published by the Safer Federal Workforce Task Force at: https://www.saferfederalworkforce.gov/contractors/. In accordance with the award requirements provided in this AAPD, “covered contractors'' must adhere to the requirements in this guidance.

Date Issued: October 20, 2021

Date 
Wednesday, October 13, 2021 - 1:00pm

Last updated: October 25, 2021