Page 24 - COVID Executive Order Survival Guide Brochure

How Will The Rule Be Implemented?
The EO will be implemented through a new FAR clause that will have to be incorporated into new solicitations and new contracts. (Remember, “new” contracts include options, renewals, extensions, etc.) Ahead of its October 8th deadline, the FAR Council issued guidance to all agencies that award contracts under the FAR. The core of the interim clause (FAR 52.223-99) provides as follows:
(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/.
Agencies can use this approved FAR clause until the final FAR clause is approved (via FAR Case 2021-021). Also, it is interesting that the clause incorporates a link to the Task Force Guidance, which might make this the first truly “dynamic FAR clause” we’ve seen.
Both GSA and DOD issued their own Class Deviations, DOD with its own DFARS clause (252.223-7999). What Are The Key Compliance Dates I Should Keep Track Of?
The EO already is in effect, although, at the moment, it has no immediate legal implication on contractors. The following dates are important from this point forward:
• October 15, 2021: all options exercised on or after this date must include the new requirements of the EO (to comply with the Guidance), and all new solicitations must include the new requirements.
• January 18, 2022: contractors must have confirmed that all Covered Contractor Employees are vaccinated under existing contracts with the clause already incorporated.
• November 14, 2021: all contracts awarded on or after this date must include the new requirements of the EO (to comply with the Guidance).
• Post-January 18, 2022: all Covered Contractor Employees must be fully vaccinated by the first day of the period of performance on a newly awarded Covered Contract, and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the Covered Contract.
PAGE 24 | EXECUTIVE ORDER 14042 SURVIVAL GUIDE
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