Update: GSA is issuing this notice to inform GSA contractors that United States District Court of Arizona issued an injunction on February 10, 2022 that prohibits the inclusion of a clause implementing vaccination requirements for federal contractors and subcontractors where the contracting party is domiciled in or headquartered in Arizona or where work will be principally performed in the State of Arizona. The court order may be supplemented, modified, or vacated, depending on the course of ongoing litigation. The following note provides information on the applicability of FAR Clause 52.223-99.
COVID Safety Protocols The Government will take no action to enforce the clause implementing requirements of Executive Order 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 Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the government 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 the For Federal Contractors website.
FAR Clause 52.223-99 is considered to be self-deleting in any contract or order issued after February 10, 2022, that meets one or both of the following criteria: (1) an entity domiciled or headquartered in the State of Arizona, including the State of Arizona or any of its agencies, is a party to the contract, or (2) work under the contract is to be performed principally in the State of Arizona. FAR Clause 52.223-99 is considered to be self-deleting for extensions, options or renewals, if work is either principally performed in Arizona, or where a party is headquartered or domiciled in Arizona.”