Effective immediately, this class deviation revises and supersedes Class Deviation 2021-O0001, issued on November 20, 2020. This class deviation provides a revised clause, at the attachment, which contains a Notice that identifies the clause as inoperable until further notice. The purpose of this revision is to implement a preliminary injunction enjoining Sections 4 and 5 of Executive Order (E.O.) 13950, Combating Race and Sex Stereotyping (85 FR 60683, September 28, 2020), issued by the United States District Court for the Northern District of California on December 22, 2020, as well as guidance provided by the Office of Management and Budget (OMB) Office of Federal Procurement Policy (OFPP). Section 4 relates to Government contracts and contractors.
Immediately, to ensure compliance with the preliminary injunction and OMB’s guidance, contracting officers shall take all steps necessary to ensure the enjoined Section 4 of E.O. 13950 and its associated clause 252.222-7999, Combating Race and Sex Stereotyping (DEVIATION 2021-O0001) (NOV 2020), are not implemented or enforced and are inoperable until further notice. These steps are as follows:
a) Ensure that any new contracts do not contain clause 252.222-7999 (DEVIATION 2021-O0001) (NOV 2020). Amend solicitations that include clause 252.222-7999 (DEVIATION 2021-O0001) (NOV 2020) to remove the clause.
b) Modify existing contracts that include clause 252.222-7999 (DEVIATION 2021-O0001) (NOV 2020) to remove the clause and replace it with the revised clause, 252.222-7999 (DEVIATION 2021-O0001) (JAN 2021).
Additionally, during the time the preliminary injunction remains in force, and until further notice, contracting officers—
a) Shall not enforce any clauses contained in Government contracts added pursuant to Section 4(a) of E.O. 13950;
b) Shall not cancel, terminate, suspend in whole or in part, any contractor’s Government contracts for purported noncompliance with the Executive Order or any agency action implementing Section 4 of the Executive Order;
c) Shall not declare any contractor or subcontractor ineligible for further Government contracts, nor impose any other sanctions, on the basis of purported noncompliance with the Executive Order or any agency action implementing Section 4 of the Executive Order; and
d) Shall not require contractors or subcontractors to provide notice of any commitments under the Executive Order or any contract term inserted pursuant to the Executive Order to their respective labor unions or employee representatives.
This revision to the class deviation remains in effect until further notice.