Notification to HUD Industry Partners on Implementation of EO 14042

Dear Industry Partners, This is to notify you of court order(s) regarding the implementation and enforcement of the requirement of Executive Order 14042. As a result of the order(s), the Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the Department of Housing and Urban Development (HUD), 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/. Please keep in mind that the court order(s) only apply to the application of requirements pursuant to Executive Order 14042. There is no change to the Safer Federal Workforce Task Force’s guidance for COVID-19 workplace safety protocols. Federal agency workplace safety protocols for Federal buildings and federally controlled facilities still apply in all locations. Contractor employees working onsite in those facilities must still follow those Federal agency workplace safety protocols. On-site contractor employees accessing HUD facilities who are not fully vaccinated or who decline to provide their vaccination status to their employer will be required to obtain a negative COVID-19 test within the last three calendar days at the point of presenting the document to enter HUD operations and facilities. Each contractor employee with a need to enter HUD operations and facilities must complete the attached Certification of Vaccination OMB form and have the form, and the negative COVID-19 test (if applicable), accessible upon entrance. Each contractor will then need to attest to their COR, in writing, that all on-site contractor employees are following the guidance from the Safer Federal Workforce Task Force, meaning either they have been fully vaccinated, or they have had a negative COVID-19 test within the last three calendar days at the point of presenting the document. Testing requirements only affect on-site contractor personnel who are unvaccinated or who decline to provide their vaccination status. CORs will not ask for, collect, or store information on the vaccination status of any individual contractor employee. This is the responsibility of each contractor with employees on-site in HUD facilities. Contractors will provide an access list of employees by contract and location where access is needed via email to the COR by 12:00 pm (noon) local time each day for on-site access the following day so that the COR can submit a list to the building manager by 2:00 pm local time. Contractor employees accessing the HUD Headquarters Weaver Building need to stop at guard stand to get checked in from the access list. Contractors shall use the attached template for submission of the daily attestation list. Using the attached attestation list template, contractors shall also attest that all onsite employees are following the above guidance. If the COR does not receive a list from a contractor, the COR will assume that no contractor employees need access to HUD facilities the following day. There will be procedures in place for instances where a contractor employee needs same-day access for unplanned needs or emergencies. On-site contractor personnel, like federal employees, are also required to follow all signage posted in HUD facilities or operational locations regarding masking and comply with all instructions by Federal Protective Service (FPS) officers and facility managers. For your convenience, the latest Frequently Asked Questions (FAQs) from the Safer Federal Workforce Task Force could be found at https://www.saferfederalworkforce.gov/faq/. If you have questions regarding the foregoing, please contact your HUD Contracting Officer.