SPECIAL NOTICE
99 -- Injunction Affecting the Implementation of Executive Order 14042 and Federal Acquisition Regulation Clause 52.223-99 in Arizona
- Notice Date
- 5/25/2022 6:17:17 AM
- Notice Type
- Special Notice
- Contracting Office
- AGENCY FOR INTERNATIONAL DEVELOPMENT
- ZIP Code
- 00000
- Solicitation Number
- SPECIAL_NOTICE-USAID-EO14042
- Response Due
- 6/8/2022 8:59:00 PM
- Description
- The purpose of this Special Notice is to inform contractors and potential offerors responding to solicitations from the United States Agency for International Development (USAID) about the following procedures related to Executive Order (E.O.) 14042 (�Ensuring Adequate COVID Safety Protocols for Federal Contractors�) in the State of Arizona. Background: On September 9, 2021, President Biden signed E.O. 14042 with the goals of maximizing the number of individuals vaccinated and decreasing the spread of COVID-19. This E.O. directs agencies to include a Federal Acquisition Regulation (FAR) clause, FAR 52.223-99 (�Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors�), in certain contracts to ensure that covered contractors comply with guidance published by the Safer Federal Workforce Task Force at https://www.saferfederalworkforce.gov.� USAID�s implementation of E.O. 14042 and this FAR clause are described in detail in USAID�s Acquisition and Assistance Directive (AAPD) 21-04 (�Executive Order 14042 on Ensuring Adequate COVID-19 Safety Protocols for Federal Awards�), available at https://www.usaid.gov/work-usaid/aapds-cibs.� USAID is issuing this notice to inform contractors and potential offerors that the United States District Court of Arizona issued an injunction (https://go.usa.gov/xzzRp) related to this E.O. on February 10, 2022.� This injunction prohibits the inclusion of a clause implementing vaccination requirements for Federal contractors and subcontractors where the contracting party is domiciled in or headquartered in Arizona or where work will be principally performed in the State of Arizona. The court order may be supplemented, modified, or vacated, depending on the course of ongoing litigation.� Due to this injunction, FAR Clause 52.223-99 is considered to be self-deleting in any contract or subcontract issued after February 10, 2022, that meets one or both of the following criteria: (1) an entity domiciled or headquartered in the State of Arizona, including the State of Arizona or any of its agencies, is a party to the contract, or (2) work under the contract is to be performed principally in the State of Arizona. In addition, FAR Clause 52.223-99 is considered to be self-deleting for extensions, options or renewals, if work is either principally performed in Arizona, or where a party is headquartered or domiciled in Arizona. The Department of Justice is actively working on the next steps in the ongoing litigation.� In time, as the litigation continues, additional or amended guidance may be issued to address new legal developments, resolve logistical difficulties, or mitigate disruption to the procurement process. USAID appreciates contractors� and potential offerors� flexibility as we navigate these evolving circumstances.
- Web Link
-
SAM.gov Permalink
(https://sam.gov/opp/632c05e3203e45f080dde5e037a106e0/view)
- Record
- SN06337958-F 20220527/220526100756 (samdaily.us)
- Source
-
SAM.gov Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's SAM Daily Index Page |