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

September 17, 2021

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.
READ THE EXECUTIVE ORDER
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MCAA’s GreatFutures Virtual Fall Program kicks off tomorrow, September 15. Each of the 17 presentations is meant to help guide students through the proposal and bid process for the annual MCAA Student Chapter Competition project. Don't forget to register! http://ow.ly/w63v50BqCSg

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Register today for MCAA’s GreatFutures Virtual Fall Program starting September 15 through November 17! Each presentation is meant to help students navigate the proposal and bid process for the annual Student Chapter Competition project. https://t.co/7aHJmLEgKE

Registration is open for MCAA’s GreatFutures Fall Virtual Program! From September 15 through November 17, MCAA will host 17 presentations aimed at guiding our student chapters through creating a bid for the annual MCAA Student Chapter Competition project. http://ow.ly/mfbe50B7SZd

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