PF 2025-14 DOE FAR class deviation 52.223-99 “Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors”

DATE: January 13, 2024

TO: HCAs/Procurement Directors/Contracting Officers
FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management

SUMMARY: This Policy Flash gives Contracting Officers (COs) additional discretion regarding the clause provided in DOE FAR class deviation FAR 52.223-99 “Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors,” which was issued by Policy Flash 2022-01. Contracting Officers may now retain or delete the clause from contracts.

Policy Flash 2023-36 provided notice of the cancellation of DOE O 350.5, which provided COs with the option of including in contracts either the clause provided in DOE’s FAR class deviation 52.223-99 or the CRD of the Order. Policy Flash 2023-38 referred to Policy Flash 2023-36 and directed COs to: if they included the clause, leave it in contracts; and if they included the CRD, remove it from contracts (from the listing of applicable DOE directives in List B or as otherwise appropriate). COs may now retain or delete the clause.

For DOE questions concerning this policy flash, please e-mail DOE_oapmpolicy@hq.doe.gov.