MEMORANDUM

Date:         December 2, 2021

Subject:     Preliminary Injunction Regarding Implementation of Executive Order 14042 – 
                      “Ensuring Adequate COVID Safety Protocols for Federal Contractors” in
                      Kentucky (KY), Tennessee (TN), and Ohio (OH). 

FROM:       Kimberly Y. Patrick, Senior Procurement Executive and Director
                     EPA Office of Acquisition Solutions

TO:              All EPA Contractors

On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction halting implementation of Executive Order 14042 – “Ensuring Adequate COVID Safety Protocols for Federal Contractors” in KY, TN, and OH.

This injunction applies to contracts performed in whole, or in part, in Kentucky, Tennessee, or Ohio. As a result, EPA Contracting Officers may contact EPA contactors to clarify if contractor performance includes personnel performing within the three referenced states (KY, TN, and OH). Please note, for this purpose, contractor performance includes activities performed by contractor personnel working in a telework status in the referenced states under an applicable EPA contract.

Contracting Officers, after confirming contract performance within the three referenced states, will inform the contractor, via email, that any clause in a contract implementing the requirements of EO 14042 (Clause 52.223-99) will not be enforced at this time. For issued EPA solicitations, Contracting Officers will issue an amendment that clarifies that any clause implementing the requirements of the EO 14042 (Clause 52.223-99) will not be enforced at this time.

If there are any questions regarding this issue, please contact your cognizant Contracting Officer. Thank you for your continued support as we navigate this process.