DATE: August 24, 2023
SUBJECT: The Clause and CRD Referenced in the Recently Cancelled DOE O 350.5, COVID SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS
SUMMARY: Policy Flash 2303-36 provided notice of the cancellation of DOE O 350.5. DOE O 350.5 provided COs with the option of including in contracts either the clause provided by FAR class deviation 52.223-99 or the CRD of the Order. To reflect DOE O 350.5’s cancellation, Contracting Officers should: if they included the clause, by leaving it in the contracts; if they included the CRD, by removing it from contracts (from the listing of applicable DOE directives in List B or as otherwise appropriate).
(While both the clause and CRD of the Order require contractors to comply with all guidance (for contractors) published by the Safer Federal Workforce Task Force (Task Force Guidance) at For Federal Contractors | Safer Federal Workforce /, only the CRD of the Order requires contractors to “implement Executive Order 14042.” Currently all Task Force Guidance has been rescinded; the clause currently places no burden on contractors (other than complying with any Task Force Guidance issued in the future).
Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov.