DOI: Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors

This Special Notice is to inform all contractors that on December 7, 2021, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction halting implementation of Executive Order 14042 – “Ensuring Adequate COVID Safety Protocols for Federal Contractors” in all U.S. states and territories (outlying areas). It is important to note that this injunction and the injunction issued by the U.S. District Court for the Eastern District or Kentucky on November 20, 2021, are preliminary and may be supplemented, modified, or vacated, depending on the course of ongoing litigation. Given the uncertainty surrounding the court orders, this special notice and guidance have been formulated to be applicable even if the existing court orders change or new orders are issued. OFFICIAL NOTICE: The Department of the Interior will take no action to enforce a clause implementing requirements of Executive Order 14042 in any contract, order, or contract-like instrument, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/.