October 19, 2021


Class Deviation 2021-O0009 was recently released by DPC. The Deviation implements the requirements of Executive Order 14042 – Ensuring Adequate COVID Safety Protocols for Federal Contractors. The actions directed by the Executive Order will ensure parties who contract with the Federal Government provide adequate COVID-19 safeguards in workplaces with individuals working on or in connection with a Federal Government contract or contract-like instrument. The class deviation mandates all service contracts, including construction, above the Simplified Acquisition Threshold (SAT - $250k) include DFARS Clause 252.223-7999, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

The guidance “strongly encouraged” agencies to apply the clause in service contracts below SAT and contracts for the manufacturing of products, which include our supply contracts. Given the intent of the guidance, DLA policy will include the clause in contracts where there is extended interaction with the DoD workforce regardless of dollar value or whether the contract is for services or supplies. For DLA, an example would be contracts within their Industrial Prime Vendor (IPV) program; supply contracts that include storage functions at the Service’s maintenance depot with contractor personnel filling bins throughout the shop floor.

DLA understands many of you may have questions as we move through the implementation and they encourage you to work closely with your contracting officers to resolve concerns.