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EO 14042Executive OrderBiden · D Quiet signal

Executive Order 14042

Ensuring Adequate COVID Safety Protocols for Federal Contractors

This executive order requires federal contractors and subcontractors to follow COVID-19 workplace safety guidance issued by the Safer Federal Workforce Task Force in contracts entered into, extended, or renewed on or after October 15, 2021. The order mandates that agencies include a compliance clause in covered contracts and that the OMB Director approve any such guidance before it takes effect.

Federal Register Open PDF 86 FR 50985

Impact dates

  1. Contracts within 30 days of October 15 effective date strongly encouraged to comply

  2. Effective date for covered contracts, extensions, renewals, and option exercises

  3. FAR Council takes initial implementation steps

  4. Agencies take steps for non-FAR contracts

  5. Task Force provides definitions, protocols, and exceptions

Key directives

  • Include Task Force Guidance compliance clause in covered contracts and subcontracts (Sec. 2(a))
  • Task Force to provide definitions, protocols, and exceptions by September 24, 2021 (Sec. 2(b))
  • OMB Director must approve Guidance and determine it promotes economy and efficiency before publication (Sec. 2(c))
  • Director must publish determination in Federal Register (Sec. 2(c))
  • FAR Council to take initial implementation steps by October 8, 2021 (Sec. 3(a))
  • Agencies to take steps for non-FAR contracts by October 8, 2021 (Sec. 3(b))
  • Contracts entered into on or after October 15, 2021 subject to clause (Sec. 6(a))
  • Agencies strongly encouraged to apply protocols to solicitations issued before effective date with contracts within 30 days (Sec. 6(b))

Who is ordered

Timeline

Immediate

  • Order effective immediately for planning purposes
  • Task Force must provide definitions and protocols by September 24, 2021

Near term (90d)

  • Federal Acquisition Regulatory Council must take initial implementation steps by October 8, 2021
  • Agencies must take steps for non-FAR contracts by October 8, 2021
  • Covered contracts entered into on or after October 15, 2021 subject to clause
  • Solicitations issued before October 15 with contracts within 30 days strongly encouraged to comply

Long term

  • Extensions, renewals, and option exercises on existing contracts become subject to clause
  • Ongoing compliance with Task Force Guidance for duration of contracts
  • Potential FAR amendments to institutionalize clause

Risks & tensions

  • Vague: 'strongly encouraged' language in Sec. 6(b)-(c) lacks enforcement mechanism for pre-effective-date solicitations and contracts
  • Tension: OMB Director's discretionary approval of Guidance creates potential politicization or delay of health protocols
  • Uncertainty: Scope of 'contract-like instrument' depends on pending DOL final rule
  • Tension: Preemption clause (Sec. 2(d)) preserves stricter state/local laws, creating compliance patchwork for multi-state contractors
  • Risk: Subcontractor enforcement at 'any tier' may prove administratively complex
  • Vague: 'To the extent permitted by law' qualifiers throughout create legal uncertainty
Executive Order 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors · Executive Orders