AAPD 21-04 Revision 3: 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
IMPORTANT NOTE: On December 7, 2021, a district court judge in the Southern District of Georgia issued a preliminary injunction to halt the U.S. Government's enforcement of the Executive Order 14042 federal contractor vaccine mandate throughout the nation. Please refer to the notification related to this injunction in Attachment 3 of this AAPD, as well as the new guidance in yellow highlighting in this AAPD. Until further notice, COs must NOT enforce compliance with FAR 52.223-99 when the place of performance is in an “Excluded State or Outlying Area” (as described in Attachment 3).
I. 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, with the goals of maximizing the number of individuals vaccinated and decreasing the spread of COVID-19. Revision #1 to this AAPD incorporated an additional mandatory reporting requirement in Federal Procurement Data System-Next Generation (FPDS-NG). Revision #2 clarified certain aspects of this AAPD – including equitable adjustments and PSC exceptions to the vaccination requirement – and revised the date by which affected individuals must be vaccinated, based on a recent update to the E.O. Revision #3 incorporates guidance related to any court order affecting implementation of the E.O.
Important note: The applicability of the requirements in AAPD 21-04 to cooperative agreements is still under discussion. Guidance regarding applicability of these requirements to 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 on October 12, 2021 and continues in effect unless rescinded or the FAR is formally revised through rulemaking, whichever occurs first.
