With refresh 10 sent April 1st, it seems GSA has forgotten something, a scheduled refresh 11 is set to be released April 11th.   

GSA Solicitation refresh 11 will be created to revise the COVID-19 vaccine mandate…again. The vaccine was mandated by Executive Order 14042 and incorporated into the solicitation in 2021. Shortly following several court cases and injunctions, the solicitation was amended when GSA issued a Supplement to Class Deviation CD-2021-13. They solicitation is now being updated with the following language:  

“The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/. 

FAR Clause 52.223-99 is considered to be self-deleting in any contract or order issued after February 10, 2022, that meets one or both of the following criteria: (1) an entity domiciled or headquartered in the State of Arizona, including the State of Arizona or any of its agencies, is a party to the contract, or (2) work under the contract is to be performed principally in the State of Arizona. 

FAR Clause 52.223-99 is considered to be self-deleting for extensions, options or renewals, if work is either principally performed in Arizona, or where a party is headquartered or domiciled in Arizona.” 

What Refresh 11 Means for GSA Schedule Holders:

What this means is that for all contracts that include the clause, it will not be enforced, absent further written notice. Currently, the Safer Federal Workforce currently excludes the mandate to all fifty states, commonwealths, territories, and minor outlying islands.  

For all contract awarded after 10 February 2022, the contracts will not include the mandatory vaccination clause for businesses headquartered in Arizona or where work is principally performed in Arizona. 

This appears to be the only change in the upcoming refresh and appears to really only effect vendors in working or domiciled in Arizona.  

GSA states that all solicitation refresh modifications are mandatory and must be accepted by schedule holders.  

Coley GCS has provided over 20 years of support to companies with anything related to GSA Schedules. Our dedicated consultants help contractors navigate through the entire process of creating an offer and acquiring contracting vehicles. Coley also provides contract compliance and management services.  If you have any questions on this GSA MAS refresh, contact us directly at 210-402-6766, by email at [email protected] or schedule a call to speak to our specialist on how we can support your government contracting needs.

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