This Flash’s attachments provide two templates for affected Contracting Officers to use, if appropriate, to implement OMB’s guidance regarding the November 30, 2021, Federal district court decision to temporarily enjoin implementation of provisions of Executive Order 14042 in three states. The court order covers the States of Kentucky, Ohio, and Tennessee. The OMB guidance informs agencies of the actions that must be taken to ensure compliance with that court order.

One of the templates is for Contracting Officers to use in informing contractors affected by the temporary injunction. Contracting Officers must contact those contractors holding contracts performed at least in part in Kentucky, Ohio, and/or Tennessee that include a clause requiring compliance with guidance issued by the Safer Federal Workforce Task Force.

The other template is for Contracting Officers to use in issuing a solicitation amendment to an existing solicitation that includes a clause requiring compliance with guidance issued by the Safer Federal Workforce, and that (under the resulting contract) the successful offeror might perform in part in Kentucky, Ohio, and/or Tennessee.

Contracting Officer Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov