Special Notice: DEPT OF DEFENSE - DEPT OF THE ARMY

This notice provides an update on the implementation of Executive Order 14042 by the ACC-APG Division D of the DEPT OF DEFENSE. The initial guidance issued by OMB on December 1, 2021, has been rescinded due to a court order. Another court has issued a nationwide injunction that bars enforcement of the Executive Order in any state or outlying area of the United States. OMB has formulated updated guidance to be applicable even if the existing court orders change or new orders are issued.

Under the updated guidance, the Government will not enforce the clause implementing requirements of Executive Order 14042 in U.S. states or outlying areas subject to a court order prohibiting its application. However, the Government will enforce the clause in all other circumstances, except for contractor employees who perform substantial work in an Excluded State or Outlying Area or in a covered contractor workplace located in such areas.

A current list of Excluded States and Outlying Areas can be found at https://www.saferfederalworkforce.gov/contractors/. It is important to note that the court orders only apply to the application of requirements pursuant to Executive Order 14042. The Safer Federal Workforce Task Force's guidance for COVID-19 workplace safety protocols for Federal agencies remains unchanged. Federal agency workplace safety protocols for Federal buildings and Federally controlled facilities still apply in all locations.

For any questions, please contact Jeff Schoerner at Jeffrey.a.schoerner.civ@army.mil. Jeff Schoerner is the Army Contracting Command, Aberdeen Proving Ground, Division D Branch Chief/Supervisory Contract Specialist.