Notice related to COVID-19 Protocols / Implementation of Executive Order (EO) 14042

Industry Partner, In accordance with recent guidance from the Office of Management and Budget and in light of recent court orders, the Department of Justice (Department or DOJ) is providing updated information regarding the Department’s implementation of Executive Order (EO) 14042. For existing DOJ contracts or contract-like instruments (hereinafter “contracts”) that contain a clause implementing requirements of EO 14042, the Department will take no action to enforce the clause implementing requirements of EO 14042, 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 EO (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Department 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 note that the recent court orders 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 for Federal agencies. 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. Please consult the Department’s Agency Workplace Safety Plan for restrictions on the presence of individuals in DOJ facilities who are ill themselves or who have been exposed to others with COVID-19. These restrictions apply to all onsite contractor employees under a DOJ contract. Thank you for doing your part to keep our community safe and healthy. Sincerely, Arthur E. Gary Senior Procurement Executive