The memorandum from the Department of Health & Human Services (HHS), issued on October 7, 2021, outlines a class deviation from the Federal Acquisition Regulation (FAR) to implement Executive Order 14042, which mandates adequate COVID-19 safety protocols for federal contractors. The deviation authorizes and instructs HHS contracting officers to incorporate a specific clause—FAR 52.223-99—into new and existing federal contracts and contract-like instruments, ensuring compliance with the guidance set by the Safer Federal Workforce Task Force. This measure applies to a broad scope of contractual actions, including new contracts, modifications, renewals, and exercised options that exceed the micro-purchase threshold, with specific application deadlines and coverage criteria detailed within the memorandum. While contracting officers are encouraged to include the clause in additional scenarios, such as existing contracts above the simplified acquisition threshold, they are not required to do so in contracts for product manufacturing or in contracts with performance occurring entirely outside US territories. Furthermore, Indian Tribe agreements under specified legislation are also excluded, unless they qualify as standard procurement contracts.
The clause itself, as articulated in Attachment 1, obliges contractors to follow all Task Force-published safety protocols, including future updates and FAQs, and to ensure that any relevant subcontracts include the same requirements. The memorandum provides the legal and procedural framework for immediate implementation and highlights the broader policy intent to maintain consistent and enforceable COVID-19 safety measures across federal contractor operations. Attachments provide the full text of both the deviation clause and the corresponding Civilian Agency Acquisition Council letter, reinforcing the coordinated federal approach to safeguarding workplace health and safety during the ongoing pandemic.
