Digest of the Biden Administration’s Executive Order 14042 and Copy of the EO

The Biden Administration’s Executive Order Ensuring Adequate COVID Safety Protocols for Federal Contractors, Executive Order 14042 issued September 9, 2021, applies to direct Federal prime contracts above $250,000 and all lower tier subcontracts for work performed at the project site and facilities where work is performed pertaining to covered prime contracts and subcontracts. It does not apply to Federally assisted contracts or suppliers on covered prime contracts. The EO pertains to both prime and subcontractors, irrespective of total employment, while the other Biden Administration EO on vaccination applies to all employers (Federal contractors or subcontractors or otherwise) who employ 100 or more workers. MCAA will keep you apprised on regulatory developments along this ambitious and unique regulatory schedule.

The primary elements of the Executive Order are:

• It is based on the President’s authority on the Federal Property and Administrative Services Act to promote economy and efficiency in government contracting. 

• It provides that all prime contractors and lower tier subcontractors shall incorporate contract provisions that comply with the [yet to be developed] guidance to be published by the Safer Federal Workforce Task Force that are subsequently ratified by the Office of Management and Budget (OMB). 

• It sets a target of September 24, 2021 for the Task Force’s initial guidance, and then calls for OMB ratification and publication of same in the Federal Register. 

• After that, the Federal Acquisition Regulatory Council is tasked with amending the Federal Acquisition contract provision in line with the approved guidance by October 8, 2021, for inclusion in contract actions (new contracts, and existing contract extensions) above the $250,000 FAR Simplified Acquisition threshold by October 15, 2021.