Update on Executive Order 14042 Vaccine Requirements

Susan McClain, Director of NASA LaRC’s Office of Procurement, requested that the following information be shared with LaRC Contractors Steering Council members. This information from Assistant Administrator for Procurement Karla Smith Jackson is current as of September 20, 2021.

On September 9, 2021, President Biden announced his Path Out of the Pandemic: COVID-19 Action Plan. As part of that plan, the President signed Executive Order 14042 (E.O.) on Ensuring Adequate COVID Safety Protocols for Federal Contractors that directs Executive departments and agencies, including independent establishments subject to the Federal Property and Administrative Services Act, 40 U.S.C. 102(4)(A), to ensure that contracts and contract-like instruments include a clause that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier subcontracts. This E.O. promotes economy and efficiency in Federal procurement by ensuring that parties contracting with the Federal Government provide adequate COVID-19 safeguards to their workers performing on or in connection with Federal Government contracts or contract-like instruments.

NASA Procurement is working with the Office of Management and Budget and the Office of Federal Procurement Policy to develop the contract clause required to be implemented by the E.O. and the associated guidance. The clause will specify that the contractor or subcontractor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force. Upon receiving the approved guidance from the Task Force, NASA anticipates that the contract clause will be issued on or about October 8, 2021, with an effective date of October 15, 2021.

Until your firm’s contract has been modified to incorporate this new clause, contractors are required to continue to comply with the guidance for entering a NASA facility provided in the memorandum for NASA contractor community entitled “Revised Procedures for Entering NASA Facilities During Coronavirus (COVID-19) Pandemic,” dated August 16, 2021. As conveyed in this memo, unbadged personnel who are not fully vaccinated or who decline to provide information about their vaccination status as part of the attestation form process will be required, beginning September 20, 2021, to provide proof of a negative COVID-19 test result within the previous three days in order to enter a NASA facility. Any COVID-19 test authorized by the U.S. Food and Drug Administration to detect current infection and produce a dated result is acceptable. Once a NASA contract employee is issued either a permanent or visitor badge, they will not be required to present the signed certification or negative COVID-19 test result, if necessary, prior to entering a NASA facility.

NASA Procurement has established a webpage for the submission of contract-related questions pertaining to the E.O.. Please submit all questions on the website https://www.nasa.gov/office/procurement/covid19-contractor-eo-questions.

We will do our best to answer all questions that are submitted. Please note that similar questions may be consolidated to reduce redundant answers. Responses will be posted under the “NASA Contractor Frequently Asked Questions” section of the Office of Procurement Contractor Related COVID-19 Information webpage found at https://www.nasa.gov/office/procurement/covid19-contractor-information.

A copy of Assistant Administrator for Procurement Karla Smith Jackson’s memorandum is attached below.

Global Contractor Letter – Update on EO Vaccine Requirement

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