USAID guidance to rescind any policies that were adopted to implement E.O. 14042 (Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors).
Dear Contractors:
On May 9, 2023, President Biden signed Executive Order (E.O.) 14099 on “Moving Beyond COVID–19 Vaccination Requirements for Federal Workers.” This E.O. 14099 revokes E.O. 14042 dated September 9, 2021 (“Ensuring Adequate COVID Safety Protocols for Federal Contractors”) and directs agencies to rescind any policies that were adopted to implement E.O. 14042.
As such, USAID has rescinded AAPD 21-04 (“Executive Order 14042 on Ensuring Adequate COVID-19 Safety Protocols for Federal Awards”). The Safer Federal Workforce Task Force’s website also provides the following information: “Effective May 12, 2023, all prior guidance from the Safer Federal Workforce Task Force implementing the requirements of Executive Order 14042 has also been revoked. Pursuant to the Executive Order [14099], the Federal Government will not take any steps to require covered contractors and subcontractors to come into compliance with previously issued Task Force guidance implementing Executive Order 14042 and will not enforce any existing contract clauses implementing Executive Order 14042.”
In addition, please note that Federal Acquisition Regulation (FAR) clause 52.223-99 (“Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors”), shall no longer be included in new solicitations or contracts, or enforced under existing contracts. Individual contractors, at their discretion, may make a request to their cognizant Contracting Officer (CO) to remove the FAR 52.223-99 clause via modification to the contract. Otherwise, for contracts that contain FAR 52.223-99, USAID will take no action to enforce this clause.
We appreciate your continued flexibility as we navigate the evolving circumstances of E.O. 14042. A signed copy of this letter is available on the Implementing Partner Notices Portal.
For any questions about this letter, please contact your cognizant CO.
All the very best,
Mark Walther
Director
USAID Bureau for Management
Office of Acquisition & Assistance