ML22363A009

NRC-2022-000121 - Resp 1 - Final, Agency Records Subject to the Request Are Enclosed

ML22363A009
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Issue date:	12/22/2022
From:	NRC/OCIO
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ML22363A007	List: ML22363A008 ML22363A009
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NRC-2022-000121
Download: ML22363A009 (1)

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{{#Wiki_filter:From: Golder. Jennifer To: l&lwill

Subject:

FW: Follow Up Notice to Contractors on Executive Order 14042 - Ensuring Adequate COVID Safety Protocols for Federal Contractors Date: Tuesday, April 19, 2022 9:31:20 AM Attachments: UPDATE Executive Order 14042 - Ensurioo Adeouate COVID Safetv Protocols for Federal Contractors.odt image001.png EO 14042 Fact Sheet for CORs and cos Sept 2021.docx You already have this one Ue,l(,rifol" (/ofrle,,. Director, Office of Administration United States Nuclear Regu latory Comm ission (301) 287-0741 Did someone in ADM make your day? Give them a Kudos by clicking the link below! l J Lead by Example! R From: Jernel l, Eleni <Eleni.Jernell @nrc.gov> Sent: M onday, October 18, 2021 6:34 PM To: Golder, Jennifer <Jennifer.Golder@nrc.gov>; Corbett, James <James.Corbett@nrc.gov>

Subject:

Fwd: Follow Up Notice to Contractors on Executive Order 14042 - Ensuring Adequate COVID Safety Protocols for Federa l Contractors Fyi From: "Daly, Jill" <Jil l Daly@nrc.gov>

Subject:

Follow Up Notice to Contractors on Executive Order 14042 - Ensuring Adequate COVID Safety Protocols for Federa l Contractors Date: 18 October 202115:39 To: "ADM_AMD Distribution" <ADAMDDistribution@nrc.gov> Cc: "Ru le, David" <David.Rule@nrc.gov>, "Barr, Rebecca" <Rebecca.Barr@nrc.gov>, "McGi ll, Clinton" <Clinton McGill@nrc.gov>, "Mathis, Felicia" <Felicia Mathis@nrc gov>, "Swain, Karol" <Karol Swajn@nrc gov>, "Jonsson, Dawn" <Dawn Jonsson@nrc gov>, "Velarde, Vanessa " <Vanessa,Yelarde@nrc gov>, " Nute-Blackshear, Lora" <Lora Nute-Blackshear@nrc.gov>, "Moore,

Maurice" <Mau rice.Moore@nrc.gov> Good afternoon! As you may recall, I sent a notice to NRC's contractors on September 27, 2021 advising them of the requirements of Executive Order (EO) 14042 and promised an update on/before October 15th. On Friday, I sent out the attached update to NRC's contractors. This update includes a summary of the requirements of the EO, next steps for the agency, and what contractor employees should do if they have to report to work at an NRC facility between now and when this requirement is incorporated into their contract. I have also updated the fact sheet that I sent to you to include some updates as well as a new link for information for Federal Contractors. In addition, Eleni signed a class FAR deviation on Thursday, October 14th. The clause we need to add to our contracts to implement this EO is not yet in the FAR. This class deviation allows the agency to deviate from the FAR in order to modify our contracts to include this clause before it is formally added to the FAR. There is more to come in the next couple of days about our plans to modify existing NRC contracts. Stay tuned for a meeting planner where we will go over everything you need to know. In the meantime, if you have any questions, please let me know. Thanks! Jill Daly C HIEF, A c Qu 1sm oN Pou cv, P LANNING, & S u PPORT B RANCH U S N UCLEAR R EGULATORY C OMMISSION OFFICE OF ADMINISTRATION, A CQUISITION M ANAGEMENT D IVISION (301 ) 41 5-8079 (OFFICE) Did someone in ADM make your day? Give them a Kudos !

From: To:

Subject:

UPDATE: Executive Order 14042

• Ensuring Adequate COVID Safety Protocols for Federal Contractors Date: Friday, October 15, 2021 4:01:00 PM

Dear,

As a follow up to our September 27, 2021 email, we are providing a summary of the requirements of Executive Order (EO) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, along with updates on re-entry to NRC facilities for onsite contractors. As a reminder, EO 14042 requires that you, regardless of place of performance, will conform with the following workplace safety protocols:

1. Ensure COVID-19 vaccination of your employees, except in limited circumstances where an employee is legally entitled to an accommodation;

2. Ensure compliance by individuals, including your employees and visitors, with the guidance related to masking and physical distancing while in your workplaces; and,

3. Designate a person or persons to coordinate COVID-19 workplace safety efforts at your workplaces.

The NRG will begin modifying existing contracts, through a bilateral contract modification, the week of October 18, 2021. Due to the volume of contracts to modify, there could be an extended period of time before your contract is modified to include this requirement However, you will be expected to comply with the requ irements of this EO by December 8. 2021 or by the date the contract modification is executed, whichever is later. lo the meantime, if you have questions or would like the latest guidance from the Safer Federal Workforce Task Force. please review the section designated for Federal Contractors on their website. This site is updated frequently, so please check back on a regular basis for updates. If your contract requires your employees to be onsite prior to this requirement being added to your contract. your employees must meet COVID-19 access requirements, to include the CDC self-health assessment, to enter all NRG facilities. Contractors entering NRC facilities agree to produce a completed Certification of Vaccination form if asked and must also agree to comply with applicable NRC facility guidance on masking and social distancing. Thank you for your continued support,

EXECUTIVE ORDER 14042 ENSURING ADEQUATE COVID SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS FACT SHEET FOR CORS AND COS Just in Time Guidance for CORs and COs

• DO refer contractor employees to the Federal Contractor section of the Safer Workforrce Task Force website if you receive a question.
• DO contact the cognizant CO and Jill Daly in AMD if a contractor has a question that is not answered on the Safer Workforce Task Force website.
• DO include the cognizant CO immediately if a contractor wants to discuss changes to the place of performance or any other terms currently in their contract.

o A modification to the contract will have to be completed for a change of that nature upon submission of an actionable requisition from the COR. o CORs must submit a ZEROREQ to initiate this type of modification to a contract.

• DO NOT collect information regarding vaccination status of any contractor employees.
• DO NOT share any guidance specifically targeted for NRC employees with contractoirs. Guidance for contractor employees will likely be different than guidance for NRC employees.

Summary of the Executive Order and NRC Actions to Date

• This Executive Order requires all NRG contractors to comply with three specific protocols:

COVID-19 vaccination of contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation; Compliance by individuals, including contractor employees and visitors, with the guidance related to masking and physical distancing while in contractor workplaces; and Designation by contractors of a person or persons to coordinate COVID-19 workplace safety efforts at contractor workplaces. NRG ACTION TO DATE: The Acquisition Management Division (AMO) issued preliminary guidance to all Contractors on September 27'h, and sent additional guidance to contractors on October 15th

• Which contractor employees are considered "covered" for the purposes of this EO?

Any full-time or part-time employee of an NRC contractor, regardless of their work location. Contractor employees working from their residence also must comply with the vaccination requirement.

• Contractor employees must be fully vaccinated no later than December 8, 2021. Afterr that date, all contractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded covered contract, or by the first day after the contract has been modified to incorporate this requirement into the covered contract.

NRC ACTION TO DATE: The Acquisition Management Division (AMD) is developing a strategy to ensure that new contracts awarded after October 15th will include a clause implementing the EO. AMD will also be modifying current contracts to include a clause implementing the EO. CORs will not be required to submit a ZEROREQ for a modification to include this clause. NRG ACTION TO DATE: For the period prior to being subject to a contractual requirement for contractor employees to be vaccinated, ADM has developed an interim procedure for contractor employees entering NRC facilities to ensure the health and safety of all building occupants.

From: Golder, Jennifer To: l&lwill

Subject:

FW: COVID-19 Vaccine Requirements Date: Tuesday, April 19, 2022 9:30:39 AM Attachments: Coov of Maior Contracts Office of Science 14042 NRC 10-27-21.xlsx irnaaeO0l.ona Was sent to me by Eleni - does this count? UR,111(1/e,,. ~Irle,. Director, Office of Administration United States Nuclear Regu latory Comm ission (301) 287-0741 Did someone in ADM make your day? Give t hem a Kudos by clicking t he link below! [I] Lead by Example! From: Jernel l, Eleni <Eleni.Jernell @nrc.gov> Sent: Thursday, October 28, 2021 9:32 AM To: Golder, Jennifer <Jennifer.Golder@nrc.gov>; Corbett, James <James.Corbett@nrc.gov>

Subject:

FW: COVID-19 Vaccine Requ irements DOE Lab Agreements have been modified to comply w ith vaccine EO. From: LaBarge, John <John LaBarge@scjence doe gov> Sent: Thursday, Oct ober 28, 2021 9:29 AM To: Jernell, Eleni <Eleni.Jernell@nrc.gov> Cc: Da ly, Jill <Jil l.Da ly@nrc gov>; Ngo, Diana <Diana Ngo@scjencedoe.gov>; Jones, Steven <Steven Jones@scjence doe iov>; Russell, Drake (HQ) <drake russell@oosa doe gov>; Ahlberg, Roberta <Roberta Ahiberg@science doe gov>

Subject:

[External_Sender] COVID-19 Vaccine Req ui rement s Elen i, We have modified all t he Office of Science (SC) and NNSA laboratory contract s t o include t he new

vaccine requirements . Please see the attached for more detailed info rmation on t he SC laboratory contracts - and we received confirm ation from NNSA cont racts t hat the 3 NNSA laboratory contracts were also modified . Than ks, John

DOE/NNSA Site Facility Management Contracts Contractor Composition of Contractor Business Model FFRDC M&O (with integrated The Regentsof the University of California University of California (LBN L) accounting) FFRDC M&O (with integrated UChicago Argonne LLC University of Chicago (ANL) accounting) FFRDC M&O (with integrated Iowa State University Iowa State University (Ames) accounting) University of Chicago, Universities Research FFRDC M&O (with integrated Fermi Research Alliance, LLC Association, Inc (FNAL) accounting) FFRDC M&O (with integrated The Trustees of Princeton University Princeton University (PPPL) accounting) Battelle Memorial Institute, The Research Foundation FFRDC M&O (with integrated Brookhaven Science Associates (BSA), LLC for The State University of New York Stony Brook accounting) University (SUNY RF) (BNL) FFRDC M&O (with integrated Stanford University Stanford University (SLAC) accounting) University ofTennessee, Battelle Memorial Institute FFRDC M&O (with integrated UT-Battelle, LLC (ORNL) accounting) Southeastern Universities Research Association (SURA), Jefferson Science Associates, LLC Inc., Pacific Architects and Engineers (PAE) Applied FFRDCM&O Technologies, LLC (TJNAF) FFRDC M&O (with integrated Battelle Memorial Institute Battelle Memorial Institute (PNNL) accounting) Site Management (with integrated Oak Ridge Associated Universities, Inc. Oak Ridge Associated Universities (ORISE) accounting) As of: 7/19/2022

From: Golder. Jennifer To: l&lwill

Subject:

FW: draft language for re-entry signs - RE: Re-Entry Working Group Meeting Date: Tuesday, April 19, 2022 9:24:42 AM Attachments: imaaeOOl.ona ilt,l(l(tfo,I" (/ofr/4,. Director, Office of Administration United States Nuclear Regu latory Comm ission (301) 287-0741 Did someone in ADM make your day? Give them a Kudos by clicking t he link below ! Lead by Example! [ From: Lamary, Mary <Mary.Lamary@ nrc.gov> Sent: Wednesday, October 06, 20211:13 PM To: Brady, Denis <Denis.Brady@nrc.gov>; Golder, Jenn ifer <Jenn ifer.Golder@nrc.gov>; Scott, Cathy <Catherine.Scott@nrc.gov> Cc: Corbett, James <James.Corbett@nrc.gov>

Subject:

RE: draft language for re-entry signs - RE: Re-Entry Working Group M eeting I thought about that, and i think the mandate applies to more than j ust emp loyees, e.g., contractors; BUT I do not know if the exception process does. From: Brady, Denis <Denis.Brady@nrc.gov> Sent: Wednesday, October 6, 20211:12 PM To: Lamary, M ary <Mary.Lamary@nrc gov>; Golder, Jennifer <Jennifer Golder@orc.gov>; Scott, Cathy <Catherioe.Scott@nrc gov> Cc: Corbett, James <James Corbett@nrc gov>

Subject:

RE: draft language for re-entry signs - RE: Re-Entry Working Group M eet ing Because the signs will apply to more than just federal employees, can we strike the last few words of bullet 3?

Denis Brady, Chief DFS/SMOB 301-415-5768 From: Lamary, Ma ry <Mary.Lamary@ nrc.gov> Sent: Wednesday, October 06, 20211:01 PM To: Golder, Jennifer <Jennifer Golder@nrc.gov>; Scott, Cat hy <Catherine.Scott@ nrc.gov> Cc: Brady, Denis <Denis. Brady@ nrc gov>; Corbett, James <James .Corbett@nrc,goy>

Subject:

RE : draft language for re-entry signs - RE: Re-Entry W orking Grou p M eet ing By entering this facility, you attest that:

1. you are fully vaccinated for COVID-19; or

2. have a negative FDA approved PCR or antigen COVID-19 test from no later than the previous 3 days prior to entry to an NRC facility; or

3. have an approved exemption from the vaccine mandate for feecral cffi19leyces.

From: Golder, Jennifer <Jennjfer.Golder@nrc.gov> Sent: Wednesday, October 6, 2021 12:58 PM To: Scott, Cathy <Catherine.Scott@nrc. gov>; Lamary, Ma ry < M ary.Lamary@nrc.gov> Cc: Brady, Denis <Den is.Brady@nrc.gov>; Corbett, James <James.Corbett@nrc.gov>

Subject:

FW : draft la nguage for re-entry signs - RE: Re-Entry Working Group Meeting HI Cathy, Mary-We would like to move forward and get the language nailed down for the signs we would post at entryways. In order for us to have signs ready to post Monday, we need language by COB today. Do you have any recommendations for how we can address employee and visitor exemptions in below statement? By entering this facility, you attest that you are fully vaccinated for COVID-19 or have a negative FDA approved PCR or antigen COVID-1 9 test from no later than the previous 3 days prior to entry to an NRC facility. (need statement regarding exemptions) thx Vf,l(i(ffo,,. (jo!tie,I' Director, Office of Administration United States Nuclear Regulatory Comm ission (301) 287-0741 Did someone in ADM make your day? Give them a Kudos by clicking the link below I

Lead by Example! From: Golder, Jennifer Sent: Tuesday, October 05, 20212:27 PM To: Roberts, Darrell <Darrell Roberts@nrc gov>; Corbett, James <James Corbett@nrc gov>; Lamary, M ary <Mary Lamary@nrc gov>; Giess ner, Jack <John Gjessner@nrc gov>; Lombard, Mark <Mark.Lombard@nrc gov>; Scott, Cathy <Catherjne.Scott@nrc.gov>; Castelveter, David <David Castelveter@nrc gov>; Miotla, Sherri <Sherri Miotla@nrc gov> Cc: DeJesus, Anthony <Anthony.DeJesus@nrc.gov>

Subject:

draft la nguage for re-entry signs - RE: Re-Entry Working Group M eet ing By entering this facility, you attest that you are fully vaccinated for COVID-19 or have a negative FDA approved PCR or antigen COVID-19 test from no later than the previous 3 days prior to entry to an NRC facility. (need statement regarding exemptions)

• On September 9, the President signed Executive Order 14042 which requ ires federal contractors to ensu re p roper COVID safety protocols for their employees.
• This guida nce applies to NRC contractors who provide services to the agency, and covers all of thei r employees, regardless of thei r place of performance or if they work on an NRC contract.
• This Executive Order requires all NRC contractors to comply with three specific protocols:

o COVID-19 vaccination of contractor employees, except in limited circumstances where an employee is lega lly entitled to an accommodation; o Compliance by individua ls, includ ing contractor employees and visitors, with the guidance related to masking and physical distancing while in contractor workplaces o Designation by contractors of a person or persons to coordinate COVID-19 workplace safety efforts at contractor workplaces.

• On September 27, AM D issued preliminary guidance to all contractors; more specific guidance to be released before or on October 15. AMD is also regularly updating CORs.
• The EO also states that contractor employees must be fu lly vaccinated no later tha n Decembe r 8.
• After that date, all contractor em ployees must be fully vaccinated by the first day of t he period of performa nce on a newly awarded covered cont ract, or by the first day after the contract has been modified to incorporate this requirement into the covered contract.
• AMO is developing a strat egy to ensure that new contracts awarded after October 15 include a clause implement ing the EO. AMO wi ll also be modifying current contracts to include this clause.
• For the period prior to being subject to a contractual req ui rement for contractor emp loyees to be vaccinated, ADM is developing an interim procedure for contractor employees entering NRC facilities Signs at all entry ways - By entering this facility, you attest t hat you are ful ly vaccinated for COVID-19 or have a negative FDA approved PCR or antigen COVID-19 test from no later than the previous 3 days prior to entry to an NRC facil ity.

J,,",r;fo,. (folr/4,. Director, Office of Administration United States Nuclear Regu latory Comm ission (301) 287-0741 Did someone in ADM make your day? Give t hem a Kudos by clicking t he link below ! l Lead by Example!

---

Original Appoi ntment-----

From: Roberts, Da rrell <Darrell.Roberts@nrc gov> Sent: Thursday, September 30, 2021 8:15 AM To: Roberts, Darrell; Corbett, James; Lamary, Mary; Giessner, Jack; Lombard, Mark; Scott, Cathy; Castelveter, David; Miotla, Sherri; Golder, Jen nifer Cc: DeJesus, Anthony

Subject:

Re-Entry Working Group Meeting When: Tuesday, October OS, 2021 2:00 PM-3:00 PM (UTC-05:00) Eastern Time (US & Canada). Where: Microsoft Teams Meeting

Scheduled by BWilk 8/27/21 Microsoft Tearns meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) + 1 301-576-2978 ....

                   !(b-)(6-) ----,      United States, Silver Spring Phone Conference ID:!...      (b_

l (6l_ _ _ __, Find a local number I Reset PIN -- U S. Nuclear Regulatory Commission -- Learn More 11:ielp, I Meeting options

From: Corbett James To: ~  ; Jernell Eleni; Stevenson. Nicole: Brady. Denis; Pulliam. Timothy: Goldsby. Nicole Cc: McClain. Nicole: Golder Jennifer

Subject:

FW: President"s Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees Date: Tuesday, September 14, 202110:35:48 AM Attachments: EO 14043 vaccination for federal employees.pd[ EO 14042 coyld safety protocols for federal contractors Qdf imaae00l.pna Good summary of the changing guidance. We"re owed additional guidance under the EOs. I'm taking a closer read today and recommend we all do a deeper dive. AMO, I know OMB/OFPP/FAR Council are taking action. I'd like from you your plan to address the new guidance. NOTE: OCIO is working through 0 MB a system of record notice that will permit NRC to collect medical information (i.e., vaccination status, vaccination proof, test results, etc.). The SORN process is expect to take 6 to 8 weeks from today. - James James C. Corbett, Deputy Director (he/ him/his) Office of Admin istration US Nuclear Regu latory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Lamary, Ma ry <Mary.Lamary@ nrc.gov> Sent: Tuesday, September 14, 2021 7:29 AM To: COVID19 Task Force <C0V!D19TaskForce@nrc.gov>; Re- entry WG (NRC) <Re-entryWGNRC@usnrc.onmicrosoft.com>

Subject:

FW: President's Executive Order on Requ iring Coronavirus Disease 2019 Vaccination for Federal Employees From: OPM-AWR <AWR@opm.gov> Sent: Tuesday, September 14, 2021 7:19 AM

Subject:

[Externa l_Sender) President's Executive Order on Requ iring Coronavirus Disease 2019 Vaccination for Federal Employees Good morning, We are sharing with you a copy of Executive Order 14043 on "Requiring Coronavirus Disease 2019 Vaccination for Federal Employees" issued on September 9, 2021 (attached) and published in today's Federal Register here: https://www.govinfo.gov/content/pkg/FR-2021-09-14/pdf/2021-19927.pdf? utm source=federalregister.gov&utm med ium=email&utm campaign=subscription+mail iog+list In addit ion, we are sharing a copy of Executive Order 14042 on "Ensuring Adequate COV!D Safety Protocols for Federal Contractors" issued on September 9, 2021 (attached) and also published in today's Federal Register here: https-//www govinfo gov/content/pkg/FR-2021-09-14/pdf/2021-19924 pdf? utm sou rce- federa Iregister.gov&utm med ium- email&utm cam paign=subscri ptioo+mai Iiog+list Accountability

and Workforce Relations Employee Services U.S. Office of Personnel Management From: OPM -AWR <AWR@opm.gov> Sent: Monday, September 13, 2021 3:49 PM

Subject:

Updates to COVID-19 Wo rkplace Safety: Age ncy Mode l Safety Principles and FAQs (bttps *//www saferfedera Jworkforce gov/) Good afternoon , Today the Safer Federal Workforce Task Force published updates to COVID-1 9 Workplace Safety: Agency Model Safety Principles and also various and new updated FAQs. All of the updates and FAQs are also available here: https://www.saferfederalworkforce.gov/new/. NOTE: Implementation guidance on the President's Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees is forthcoming and will be released soon by the Task Force. The Safer Federal Workforce Task Force website will continue to be updated regularly with posts about Task Force activities, additional FAQs, and other original content in support of the Task Force's priorities. The Safer Federal Workforce Task Force looks forward to continuing to support Federal agencies in ensuring the health and safety of the Federal workforce. Accountability and Workforce Relations Employee Services U.S. Office of Personnel Management How was our service today? Your feedback is valuable. You may use this link https:Ufeedback.opm.gov/Communit_y/se/076F44105677221A to complete a brief survey. When completing the survey, please select the Accountability and Workforce Relations option from the menu.

Federal Register / Vol. 86, No. 175 /Tuesday, September 14, 2021 / Presidential Documents 50989 Presidential Documents Executive Order 14043 of September 9, 2021 Requiring Coronavirus Disease 2019 Vaccination for Federal Employees By the authority vested in m e as President by the Constitution and the laws of the United States of America, including sections 3301, 3302, and 7301 oftitle 5, United States Code, it is hereby ordered as follows: Section 1. Policy. It is the policy of my Administration to halt the spread of coronavirus disease 2019 (COVID-19), including the B.1.617.2 (Delta) variant, by relying on the best available data and science-based public health measures. The Delta variant, c urrently the predominant variant of the virus in the United States, is highly contagious and has led to a rapid rise in cases and hospitalizations. The nationwide public health emergency, first declared by the Secretary of Health and Human Services on January 31, 2020, remains in effect, as does the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) declared pursuant to the National Emergencies Act in Proclamat ion 9994 of March 13, 2020 (Declaring a Na-tional Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak). The Centers for Disease Control and Prevention (CDC) within the Department of Health and Human Services has determined that the best way to slow the spread of COVID-19 and to prevent infection by the Delta variant or other variants is to be vaccinated. COVID- 19 vaccines are widely available in the United States. They protect people from getting infected and severely ill, and they significantly reduce the likelihood of hospitalization and death. As of the date of this order, one of the COVID- 19 vaccines, the Pfizer-BioNTech COVID- 19 Vaccine, also known as Comirnaty, has received approval from the Food and Drug Administration (FDA), and two others, the Moderna COVID-19 Vaccine and the Janssen COVID-19 Vaccine, have been authorized by the FDA for emergency use. The FDA has determined that all three vaccines meet its rigorous standards for safety, effectiveness, and manufacturing quality. The health and safety of the Federal workforce, and the health and safety of members of the public with whom they interact, are foundational to the efficiency of the civil service. I have determined that ensuring the health and safety of the Federal workforce and the efficiency of the civil service requires immediate action to protect the Federal workforce and indi-viduals interacting with the Federal workforce. It is essential that Federal employees take all available steps to protect themselves and avoid spreading COVID-19 to their co-workers and members of the public . The CDC has found that the best way to do so is to be vaccinated. The Safer Federal Workforce Task Force (Task Force), establish ed by Execu-tive Order 13991 of January 20, 2021 (Protecting the Federal Workforce and Requiring Mask-Wearing), has issued important guidance to protect the Federal workforce and individuals interacting with the Federal workforce. Agencies have also taken important actions, including in som e cases requiring COVID- 19 vaccination for members of their workforce. Accordingly, building on these actions, and in light of the public h ealth guidance regarding the most effective and necessary defenses against COVID-19, I have determined that to promote the health and safety of the Federal w orkforce and the efficiency of the civil service, it is n ecessary to require COVID-19 vaccination for all Federal employees, subject to such exceptions as required by law.

50990 Federal Register /Vol. 86, No. 175/Tuesday, September 14, 2021/Presidential Documents Sec. 2. Mandato1y Coronavirus Disease 2019 Vaccination for Federal Employ-ees. Each agency shall implement, to the extent consistent with applicable law, a program to require COVID-19 vaccination for all of its Federal employ-ees, with exceptions only as required by law. The Task Force shall issue guidance within 7 days of the date of this order on agency implementation o f this requirement for all agencies covered by this order. Sec. 3. Definitions. For the purposes of this order: (a) The term "agency" means an Executive agency as defined in 5 U.S.C. 105 (excluding the Government Accountability Office). (b) The term "employee" means an employee as defined in 5 U.S.C. 2105 (including an employee paid from nonappropriated funds as referenced in 5 U.S.C. 2105(c)). Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Managem ent and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, s ubstantive or procedural, enforceable at law or in equity by any party against th e United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of any of its other provisions to any other persons or circumstances shall not be affected thereby. THE WHITE HOUSE, September 9, 2021. [FR Doc. 2021- 19927 File d H- 1:1- 21 ; ll:<15 am] Bil ling code 3295-Fl -P

Federal Register / Vol. 86, No. 175 /Tuesday, September 14, 2021 / Presidential Documents 50985 Presidential Documents Executive Order 14042 of September 9, 2021 Ensuring Adequate COVID Safety Protocols for Federal Con-tractors By the authority vested in m e as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and section 301 of title 3, United States Code, and in order to promote economy and efficiency in procurement by contracting with sources that provide adequate COVID-19 safeguards for their workforce, it is hereby ordered as follows: Section 1. Policy. This order promotes economy and efficiency in Federal procurement by ensuring that the parties that contract with the Federal Government provide adequate COVID-19 safeguards to their workers per-forming on or in connection with a Federal Government contract or contract-like instrument as described in section 5(a) of this order. These safeguards will decrease the spread of COVID-19, which will decrease worker absence, reduce labor costs, and improve the efficiency of contractors and subcontrac-tors at sites where they are performing work for the Federal Government. Accordingly, ensuring that Federal contractors and subcontractors are ade-quately protected from COVID-19 will bolster economy and efficiency in Federal procurement. Sec. 2. Providing for Adequate COVID-19 Safety Protocols for Federal Con-tractors and Subcontractors. (a) Executive departments and agencies, includ-ing independent establishments subject to the Federal Property and Adminis-trative Services Act, 40 U.S.C. 102(4)(A) (agencies), shall, to the extent permitted by law, ensure that contracts and contract-like instruments (as described in section 5(a) of this order) include a clause that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier sub-contracts. This clause shall specify that the contractor or subcontractor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Work-force Task Force (Task Force Guidance or Guidance), provided that the Director of the Office of Management and Budget (Director) approves the Task Force Guidance and determines that the Guidance, if adhered to by contractors or subcontractors, will promote economy and efficiency in Federal contracting. This clause shall apply to any workplace location s (as specified by the Task Force Guidance) in w hich an individual is working on or in connection with a Federal Government contract or contract-like instrument (as described in section 5(a) of this order). (bl By September 24, 2021, the Safer Federal Workforce Task Force (Task Force) shall, as part of its issuance of Task Force Guidance, provide defini-tions of relevant terms for contractors and subcontractors, explanations of protocols required of contractors and subcontractors to comply with work-place safety guidance, and any exceptions to Task Force Guidance that apply to contractor and subcontractor workplace locations and individuals in those locations working on or in connection with a Federal Government contract or contract-like instrument (as described in section 5(a) of this order). (c) Prior to the Task Force publishing new Guidance related to COVID-19 for contractor or subcontractor workplace locations, including the Guid-ance developed pursuant to subsection (b) of this section, the Director shall, as an exercise of the delegation of my authority under the Federal Property

50986 Federal Register /Vol. 86, No. 175/Tuesday, September 14, 2021/Presidential Documents and Administrative Services Act, see 3 U.S.C. 301, determine whether such Guidance will promote economy and efficiency in Federal contracting if adhered to by Government contractors and subcontractors. Upon an affirma-tive determination by the Director, the Director's approval of the Guidance, and subsequent issuance of such Guidance by the Task Force, contractors and subcontractors working on or in connection with a Federal Government contract or contract-like instrument (as described in section 5(a) of this order), shall adhere to the requirements of the newly published Guidance, in accordance with the clause described in subsection (a) of this section. The Director shall publish such determination in the Federal Register. (d) Nothing in this order shall excuse noncompliance with any applicable State law or municipal ordinance establishing more protective safety proto-cols than those established under this order or with any more protective Federal law, regulation, or agency instructions for contractor or subcontractor employees working at a Federal building or a fede rally controlled workplace. (el For purposes of this order, the term "contract or contract-like instru-ment" shall have the meaning set forth in the Department of Labor's proposed rule, " Increasing the Minimum Wage for Federal Contractors," 86 FR 38816, 38887 (July 22, 2021). If the Department of Labor issues a final rule relating to that proposed rule, that term shall have the m eaning set forth in that final rule. Sec. 3. Regulations and Implementation. (a) The Federal Acquisi tion Regu-latory Council, to the extent permitted by law, shall amend the Federal Acquisition Regulation to provide for inclusion in Federal procurement solici-tations and contracts subject to this order the clause described in section 2(a) of this order, and shall, by October 8, 2021, take initial steps to imple-ment appropriate policy direction to acquisition offices for use of the clause by recommending that agencies exercise their authority under subpart 1.4 of the Federal Acquisition Regulation. (bl By October 8, 2021, agencies shall take steps, to the extent permitted by law, to exercise any applicable authority to ensure that contracts and contract-like instruments as described in section 5(a) of this order that are not subject to the Federal Acquisition Regulation and that are entered into on or after October 15, 2021, consistent with the effective date of such agency action, include the clause described in section 2(a) of this order. Sec. 4 . Severability. If any provision of this order, or the application of any provision of this order to any person or circumstance, is held to be invalid, the remainder of this order and its application to any other person or circumstance shall not be affected thereby. Sec. 5 . Applicability. (a) This order shall apply to any new contract; new contract-like instrument; new solicitation for a contract or contract-like instru-ment; extension or renewal of an existing contract or contract-like instrument; and exercise of an option on an existing contract or contract-like instrument, if: (i) it is a procurement contract or contract-like instrument for services, construction, or a leasehold interest in real property; (ii) it is a contract or contract-like instrument for services covered by the Service Contract Act, 41 U.S.C. 6701 et seq.; (iii) it is a contract or contract-like instrument for concessions, including any concessions contract excluded by Department of Labor regulations at 29 CFR 4.133(b); or (iv) it is a contract or contract-like instrument entered into with the Federal Government in connection with Federal property or lands and related to offering services for Federal employees, their dependents, or the general public; (bl This order shall not apply to: (i) grants;

Federal Register /Vol. 86, No. 175/Tuesday, September 14, 2021/Presidential Documents 50987 (ii) contracts, contract-like instruments, or agreements with Indian Tribes under the Indian Self-Determination and Education Assistance Act (Public Law 93-638), as amended; (iii) contracts or subcontracts whose value is equal to or less than the simplified acquisition threshold, as that term is defined in section 2.101 of the Federal Acquisition Regulation; (iv) employees who perform work outside the United States or its outlying areas, as those terms are defined in section 2.101 of the Federal Acquisition Regulation; or (v) subcontracts solely for the provision of products. Sec. 6. Effective Date. (a) Except as provided in subsection (bl of this section, this order is effective immediately and shall apply 1to new contracts; new contract-like instruments; new solicitations for contracts or contract-like instruments; extensions or renewals of existing contracts or contract-like instruments; and exercises of options on existing contracts or contract-like instruments, as described in section 5(a) of this order, where the relevant contract or contract-like instrument will be entered into, the relevant contract or contract-like instrument will be extended or renewed, or the relevant option will be exercised, on or after: (i) October 15, 2021, consistent with the effective date for the action taken by the Federal Acquisition Regulatory Council pursuant to section 3(a) of this order; or (ii) for contracts and contract-like instruments that are not subject to the Federal Acquisition Regulation and where an agency action is taken pursuant to section 3(b) of this order, October 15, 2021 , consistent with the effective date for such action. (b) As an exception to subsection (a) of this section, where agencies have issued a solicitation before the effective date for the relevant action taken pursuant to section 3 of this order and entered into a new contract or contract-like instrument resulting from such solicitation within 30 days o f such effective date, such agencies are strongly encouraged to ensure that the safety protocols specified in section 2 of this order are applied in the new contract or contract-like instrument. But if that contract or contract-like instrument term is subsequently extended or renewed, or an option is subsequently exercised under that contract or contract-like instru-ment, the safety protocols specified in section 2 of this order shall apply to that extension, renewal, or option. (cl For all existing contracts and contract-like instruments, solicitations issued between the date of this order and the effective dates set forth in this section, and contracts and contract-like instruments entered into between the date of this order and the effective dates set forth in this section, agencies are strongly encouraged, to the extent permitted by law, to ensure that the safety protocols required under those contracts and con-tract-like instruments are consistent with the requirements specified in sec-tion 2 of this order. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

50988 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents (c) This order is not intended to , and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies , or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, September 9, 2021. [FR Doc. 2021-19924 Filed 9-1 3-21; 8:45 a m) Billing code 3295-Fl-P

From: Corbett James To: Jernell. Eleni

Subject:

RE: First Draft

• EO 14042 Fact Sheet for CORs & COs Date: Wednesday, September 22, 2021 11:48:00 AM Attachments: imaaeO0l.ona You shared the link to the attachment. I have it now.

James C. Corbett, Deputy Director (he/him/his) Office of Admin istration US Nuclear Regu latory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-4 15-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Jernel l, Eleni <Eleni.Jernell @nrc.gov> Sent: Wednesday, September 22, 202111:25 AM To: Corbett, James <James.Corbett@nrc.gov>

Subject:

RE: First Draft - EO 14042 Fact Sheet for CORs & COs It was attached to my email From: Corbett, James <James Corbett@nrc gov> Sent: Wednesday, September 22, 202111:24 AM To: Jernell, Eleni <Elenj.Jernell@nrc.gov>

Subject:

RE: First Draft - EO 14042 Fact Sheet for CO Rs & COs Sent Jill access request. James C. Corbett, Deputy Director (he/him/his) Office of Administration US Nuclear Regu latory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Jernel l, Eleni <Elen i Jernell @nrc gov> Sent: Wednesday, Septembe r 22, 202111:03 AM To: Corbett, James <James Corbett@nrc.gov>

Subject:

FW: First Draft - EO 14042 Fact Sheet for CORs & COs You ok with th is? This will immediately follow the preliminary ema il notice to the cont ractors.... From: Daly, Jill <Jill Daly@nrc gov> Sent: Wednesday, September 22, 202110:51 AM To: Jernell, Elen i <EleoLJernell@nrc.gov>; Stevenson, Nicole <Nicole Stevenson@nrc gov> Cc: Gold, Meg <Meg.Gold@nrc.gov>

Subject:

First Draft - EO 14042 Fact Sheet for CO Rs & COs Hi Eleni & Nicole, Attached you will find a draft one pager that we can send to CO Rs and COs along with the preliminary email that will go out to Contractors. I am sure I haven't thought of everything, but I based the information on questions I've gotten so far. Please feel free to add anything or provide me with any comments. You should also be able to edit the attached. Thanks! Jill Daly C HIEF, A CQU ISITION Poucv, P LANN ING, & S UPPORT B RANCH US N UCLEAR R EGULATORY C OMMISSION OFFICE OF A DMINISTRATION, A CQU ISITION M ANAGEMENT D IVISION (301) 415-8079 (OFFICE) Did someone in AD M make your day? Give them a Kudos!

From: Corbett James To: Re-entry WG (NRC)

Subject:

FW: [CAO-COUNCIL] Guidance Pursuant to EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors Date: Friday, September 24, 2021 1:45:00 PM Attachments: imaaeO0l.ona Came out moments ago. Lots of acquisition speak. Eleni's team has and is digging in. James C. Corbett, Deputy Director (he/him/his) Office of Admin istration US Nuclear Regu latory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! L a From: Ch ief Acquisition Officers Council <cao-council@listserv.gsa.gov> On Behalf Of Newhart, Joa nie F. EOP/OMB Sent: Friday, September 24, 20211:36 PM To: CAO-COUN CIL@LISTSERV.GSA.GOV

Subject:

[Externa l_Sender] [CAO-COUNCI L] Guidance Pursuant to EO 14042: Ensuring Adequate COVID Safety Protocols for Federa l Contractors Colleagues, please see below for an email sent this afternoon to the President 's Management Council regarding new COVID-19 workplace safety guidance for Federal contractors and subcontractors from the Safer Federal Workforce Task Force, pursuant to Executive Order 14042 on Ensuring Adequate COVJD Sq[e(v Protoco!sfor Federal Contractors

SUBJECT:

Guidance Pursuant to EO 14042: Ensuring Adequate covm Safety Protocols for Federal Contractors Passing along a message from Jason Miller, Deputy Director.for Management, Office of Management and Budget Today, the Safer Federal Workforce Task Force (Task Force) released new guidance on COVID-19 workplace safety protocols for Federal contractors and subcontractors, which is summarized in this 0MB Blog Post also issued today. This guidance is issued pursuant to Executive Order 14042, Ensuring Adequate COVlD Safety Protocols for Federal Contractors (the order), which directs executive departments and agencies to ensure that contracts and contract-like instruments covered by the order include a clause requiring the contractor- and their subcontractors at any tier- to, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Task Force. These workplace safety protocols will apply to all covered contractor employees, including contractor or subcontractor employees in covered contractor workplaces who are not working on a Federal Government contract or contract-like instrument. Overview of Workplace Safety Protocols for Federal Contractors and Subcontractors Federal contractors and subcontractors with a covered contract wi ll be required to conform to the following workplace safety protocols:

1. COVID- 19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation;

2. Compliance by individuals, including covered contractor employees and visitors, with the guidance related to masking and physical distancing while in covered contractor workplaces; and

3. Designation by covered contractors of a person or persons to coordinate COVID- 19 workplace safety efforts at covered contractor workplaces.

Vaccination of Covered Contractor Employees Covered contractors must ensure that all of their covered employees are fully vaccinated for COVID-19, unless the employee is legally entitled to an accommodation. Covered contractor employees must be fully vaccinated no later than December 8, 2021 . After that date, all covered contractor employees must be ful ly vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period ofperfonnance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract. Contractor employees working on a covered contract from their residence also mu st comply with the vaccination requirement for covered contractor employees. Masking and Physical Distancing While in Covered Contractor Workplaces Covered contractors must ensure that all individuals, including covered contractor employees and visitors, comply with published CDC guidance for masking and physical distancing at a covered contractor workplace. COVID-19 Coordinator Designation Covered contractors must designate a person or persons to coordinate implementation of and compliance with these workplace safety protocols at covered contractor workplaces. Next Steps for Agencies The Federal Acquisition Regulatory Council (or, FAR Council) wi ll, by October 8, issue guidance for agencies to-starting on October 15- add a clause related to these COVID-19 workplace safety protocols to covered Federal procurement solicitations and contracts subject to the Federal Acquisition Regulation (FAR). Agencies that are responsible for covered contracts and contract-like instruments not subject to the FAR also will take prompt action to ensure that those covered contracts and contract-like instruments include the clause, starting on October 15. Consistent with applicable law, agencies are strongly encouraged to incorporate a clause requiring compliance with this Guidance into contracts that are not covered or directly addressed by the order because the contract is under the Simplified Acquisition Threshold (as defined in section 2.10 I of the FAR) or is a contract or subcontract for the manufacturing of products. Agencies are also strongly encouraged to incorporate a clause requiring compliance with this guidance into existing contracts and contract-like instruments prior to the date upon which the order requires inclu sion of the clause. Agencies are encouraged to circulate the Task Force ~ujdancc, and the associated Frequently Asked Questions included therein, to their workforce and ensure that their workforce is familiar with the Task Force guidance requirements. For questions related to the COVID-19 Workplace Safety Protocols detailed in the Task Force guidance, agencies may contact SaferFederaIWorkforce@gsa gov For questions related to the acquisition and contracting aspects of implementation of EO 14042, agencies may contact MBX,OMB 0FPPv2@0MB.eop.gov For questions from industry partners or contractors that agencies are unable to directly address, agencies may contact MBX 0MB OFPPv2@OMB eop gov

From: Corbett James To: Lamary. Mary

Subject:

RE: FW: Guidance Pursuant to EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors Date: Friday, September 24, 2021 1:49:00 PM Attachments: imaae001.ona Thanks. On CAOC call. They just sent guidance. James C. Corbett, Deputy Director {he/him/his) Office of Administration US Nuclear Regu latory Commission Location: T7-A90 - MailStop: T7-B20M Direct : 301-4 15-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Lamary, Ma ry <Mary.Lamary@nrc.gov> Sent: Friday, September 24, 20211:39 PM To: Corbett, James <James.Corbett@nrc.gov>

Subject:

FW: FW: Gu idance Pursuant to EO 14042: Ensuring Adequate COVID Safety Protocols for Fede ral Contractors From: MBX 0MB futureofwork <Eutureofwork@omb.eop.gov> Sent: Friday, September 24, 20211:34 PM To: M BX 0MB futureofwork <Futureofwork@omb.eop.gov>

Subject:

[External_Sender] FW: Guidance Pursuant t o EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors Good afternoon, PMC Working Group on Reentry and the Fu ture of Work: See below for an ema il sent this afternoon to the President's Management Council regarding new COVID-19 workplace safety guidance for Federal contractors and subcontractors from t he Safer Federal Workforce Task Force, pu rsuant to Executive Order 14042 on Ensuring Adequate COVID Safety Protocols for Federa l Contractors. Thank you. Fromj._ (b_)(G_) _ _ _ _ _ _ __. Sent: Friday, September 24, 20211:31 PM Cc:l(b)(6)

Subject:

Guidance Pursua nt to EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors Passing along a message from Jason Miller, Deputy Director for Management, Office of Management and Budget Today, the Safer Federal Workforce Task Force (Task Force) released new guidance on COVID-19 workplace safety protocols for Federal contractors and subcontractors, which is summarized in this 0MB Blog Post also issued t oday.

This gu idance is issued pursuant to Executive Orde r 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the order), which directs executive departments and agencies to ensure that contracts and contract-like instruments covered by the order include a clause requiring the contractor-a nd t heir su bcontractors at any t ier-to, for the duration of the contract, comply wit h all guidance for contractor or subcontractor workplace locations published by the Task Force. These workp lace safety prot ocols wil l apply to all covered contractor employees, including contractor or subcontractor employees in covered contractor workplaces who are not working on a Federal Government contract or contract-like instrument. Overview of Workplace Safety Protocols for Federal Contractors and Subcontractors Federal cont ract ors and subcontractors wit h a covered cont ract will be required to conform to the following workplace safet y protocols:

1. COVID-19 vaccination of covered contractor emp loyees, except in limited circumstances where an employee is legally entitled to an accommodation;

2. Complia nce by individuals, includi ng covered contractor employees and visitors, with the guidance related to masking and physica l distancing while in covered contractor workplaces; and

3. Designation by covered contractors of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces.

Vaccination of Covered Contractor Employees Covered contractors must ensure that all of their covered employees are fully vaccinated for COVID-19, unless the employee is legally entitled to an accommodation. Covered contractor employees must be fully vaccinated no later than December 8. 2021. After that date, all covered cont ractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract. Contractor employees working on a covered contract from their residence also must comply with the vaccination requirement for covered contractor employees. Masking and Physical Distancing While in Covered Contractor Workplaces Covered contractors must ensure that all individua ls, including covered contractor emp loyees and visitors, comply with published CDC guidance for masking and physical distancing at a covered contractor workplace. COVID-19 Coordinator Designation Covered contractors must designate a person or persons to coordinate implementation of and complia nce with these workplace safety protocols at covered contractor workplaces. Next Steps for Agencies The Federal Acq uisition Regulat ory Council (or, FAR Council) will, by October 8, issue guidance for agencies to-st arting on October 15-add a clause related to these COVID-19 workp lace safety protocols to covered Federal procurement solicitations and contracts subject to the Federa I Acquisit ion Regulat ion (FAR). Agencies that are responsible for covered cont ract s and contract-like instruments not subject to the FAR also w ill take prompt act ion to ensure that those covered contracts and contract-like instruments include the clause, starting on October 15. Consistent with applicable law, agencies are strongly encouraged to incorporate a clause requi ri ng complia nce wit h this Gu idance into cont racts t hat are not covered or di rectly addressed by t he order because t he contract is under t he Simplified Acq uisition Threshold (as defined in section 2.101 of the

FAR) or is a contract or subcontract for the manufacturing of product s. Agencies are also strongly encouraged to incorporate a clause requiring compliance with this guidance into existing contracts and contract-like instruments prio r to the date upon which the order requires inclusion of the clause. Agencies are encouraged to circulate the Task Force guidance, and the associated Frequently Asked Questions included therein , to their workforce and ensure that their workforce is fami li ar with the Task Force guidance requ irements. For questions related to the COVID-19 Workplace Safety Protocols deta iled in the Task Force guidance, agencies may contact SaferFederalWo rkforce@gsa.gov For questions related to t he acquisition and contracting aspects of implementation of EO 14042, agencies may contact MBX.OMB.OFPPv2@0MB.eop gov For questions from industry partners or contractors that agencies are unable to directly address, agencies may contact MBX.OMB.OFPPv2@0MB.eop.gov JM

From: Corbett James To: Golder. Jennifer Cc: Jernen. Eleni

Subject:

RE: [SPE] Guidance Pursuant to EO 14042: Ensuring Adeq uate COVID safety Protocols for Federal Contractors Date: Friday, September 24, 2021 2:48:00 PM Attachments: imaaeO0l.pnq I shared with them earlier. James C. Corbett, Deputy Director (he/him/his) Office of Administration US Nuclear Regulatory Commission Location : T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Golder, Jennifer <Jennifer.Golder@nrc.gov> Sent: Friday, September 24, 2021 2:33 PM To: Corbett, James <James.Corbett@nrc.gov> Cc: Jernell, Elen i <Eleni.Jernell@nrc.gov>

Subject:

FW: [SPE] Guidance Pursua nt to EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors Please make sure Darrell and re-entry team know - that per the guidance just sent out today from 0MB - that ........ Covered contractors must ensure that all of their covered e mployees are fully vaccinated for COVID-19, unless the employee is legally entitled to an accommodation. Covered contractor employees must he fully vaccinated no later than December 8, 2021. After that date, all covered contractor employees must be fu lly vaccinated by the first day of the p eriod of per formance on a newly awarded covered contract, and by the first day of the period of perfo rmance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract. Contractor employees working on a covered contract from their residence also must comply with the vaccination requirement for covered contractor employees. Ve,,r,rifo,. (/girl,,,. Director, Office of Administration United States Nuclear Regulatory Commission (301) 287-0741 Did someone in ADM make your day? Give t hem a Kudos by clicking t he link below! Lead by Example!

From: Senior Procurement Executives <spe@ljstsery gsa gov> On Behalf Of !(b_ ...l(6_) _ _ _ _ ____. !(b)(6) I Sent: Friday, September 24, 20211 :36 PM To: SPE@LISTSERV GSA.GOV

Subject:

[Externa l_Sender] [SPE] Guidance Pursuant to EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors Colleagues, please see below for an email sent this ajiernoon to the President 's Management Council regarding new COVID-19 workplace safety guidance/or Federal contractors and subcontractors from the Safer Federal Workforce Task Force, pursuant to Executive Order 14042 on Ensuring Adequate COVID Sq/etv Protocols [or Federal Contractors. SUB.JECT: Guidance Pursuant to EO 14042: Ensuring Adequate covm Safety Protocols for Federal Contractors Passing along a message from Jason Miller, Deputy Director/or Management, Office of Management and Budget Today, the Safer Federal Workforce Task Force (Task Force) released new guidance on COYID-19 workplace safety protocols for Federal contractors and subcontractors, which is summarized in this 0MB Blog Post a lso issued today. This guidance is issued pursuant to Executive Order 14042, Ensuring Adequate COY ID Safety Protocols for Federal Contractors (the order), which directs executive departments and agencies to ensure that contracts and contract-like instruments covered by the order include a clause requiring the contractor- and their subcontractors at any tier- to, for the duration of the contract, comply with a ll guidance for contractor or subcontractor workplace locations published by the Task Force. These workplace safety protocols will apply to all covered contractor employees, including contractor or subcontractor employees in covered contractor workplaces who are not working on a Federal Government contract or contr act-like instrument. Overview of Workplace Safety Protocols for Federal Contractors and Subcontractors Federal contractors and subcontractors with a covered contract will be required to conform to the following workplace safety protocols:

1. COVID- 19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation;

2. Compliance by individuals, including covered contractor employees and visitors, with the guidance related to masking and physical distancing while in covered contractor workplaces; and

3. Designation by covere d contractors of a person or persons to coordinate COVI D-l 9 workplace safety efforts at covered contractor workpl.aces.

Vaccination of Covered Contractor Employees Covered contractors must ensure that all of their covered employees are fu lly vaccinated for COVID-19, unless the employee is legally entitled to an accommodation. Covered contractor employees must be fully vaccinated no later than December 8, 2021. After that date, all covered contractor employees must be fu lly vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period of perfonnance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract. Contractor employees working on a covered contract from their residence a lso must comply with the vaccination requirement fo r covered contractor employees.

Masking and Physical Distancing While in Covered Contractor Workplaces Covered contractors must ensure that all individuals, including covered contractor employees and visitors, comply with published CDC guidance for masking and physical distancing at a covered contractor workplace. COVID-19 Coordinator Designation Covered contractors must designate a person or persons to coordinate implementation of and compliance with these workplace safety protocols at covered contractor workplaces. Next Steps for Agencies The Federal Acquisition Regulatory Council (or, FAR Council) wi ll , by October 8, issue guidance for agencies to- starting on October 15- add a clause related to these COVID-19 workplace safety protocols to covered Federal procurement solicitations and contracts subject to the Federal Acquisition Regulation (FAR). Agencies that are responsible for covered contracts and contract-like instruments not subject to the FAR also will take prompt action to ensure that those covered contracts and contract-like instruments include the clause, starting on October 15. Consistent with applicable law, agencies are strongly encouraged to incorporate a clause requiring compliance with this Guidance into contracts that are not covered or directly addressed by the order because the contract is under the Simplified Acquisition Threshold (as defined in section 2.101 of the FAR) or is a contract or subcontract for the manufacturing of product . Agencies are also strongly encouraged to incorporate a clause requiring compliance with this guidance into existing contracts and contract-like instruments prior to the date upon which the order requires inclusion of the clause. Agencies are encouraged to circulate the Task Force guidance, and the associated Frequently Asked Questions included therein, to their workforce and ensure that their workforce is familiar with the Task Force guidance requirements. For questions related to the COVID-19 Workplace Safety Protocols detailed in the Task Force guidance, agencies may contact SaferFedcra1Workforce@gsa.gov For questions related to the acquisition and contracting aspects of implementation of EO 14042, agencies may contact MBX.OMB OFPPv2@OMB eop.gov For questions from industry partners or contractors that agencies are unable to directly address, agencies may contact MBX.OMB ,OFPPv2@0MB .eop.gov

From: Jernen Eleni To: .l&l¥...1ill; stevenson. Nicole Cc: Gold, Meg

Subject:

PLEASE REVIEW!: [SPEJ Guidance Pursuant to EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors Date: Friday, September 24, 2021 2:51:00 PM Was chatting with James during 0MB meeting ...this is what we think we should pursue:

1. Prioritize onsite communication - transmit to CORs, COs and onsite contractors .. ACTION send out prelimin notice to all contractors with fact sheet to CORs/COs on Monday 9/27 (kind of like a "blanket notice"... someone later says we're not going fast

2. Digest guidance and follow up prelim notice with more info based on what they just sent us PLUS the new onsite process paperwork/roster opportunity to start now ...ACTION: send out letter to all contractors explaining what will be required and giving them the option to start putting rosters together. This may also need to include a template to be completed for a roster that ensure we don't get any PII info (OGC may need to help writing the intro to the template)

(7-10 days post prelim notice)* (3) Clause issued ...ACT/ON: add to ST AQS. (4) Modify prioritizing ons ite contracts and have a plan to work out from there. Sounds like all mods need to be bilateral. Nicole -we need to think about whether we want to "charter" ["Workplace First" & "Keep NRC-environment in Mind" - prioritize based on who would bring COVID onsite] - a trusted team to do this project We need folks who are focused on the goal to get folks vaccinated vs. just processing a mod - and being agile enoug h to switch gears as this keeps changing. Using the example James always uses - CTSt (custodial) example - if they tell us they have a vaccination mandate - do we really need to overwork or just negotiate and move forward?

*James is worki ng with DFS to develop an "interim process" for site access ... if done in t ime, we could inclu de as part of t he second letter (e.g., if you don't want to do t he roster to attest for your employees, then for on-site contractor personnel, you will need to comply with this process to comply with the requirements of your cont ract).

From: Senior Procurement Executives <spe@ listserv.gsa.gov> On Behalf Of l._(b_)(6_) _ _ _ _ ___. !(b)(6) I Sent: Friday, September 24, 20211:36 PM To: SPE@LISTSERV.GSA.GOV

Subject:

[External_Sender) [SPE) Guidance Pursuant to EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors Colleagues, please see below.for an email sent this ajiernoon to the President 's Management Council regarding new COVJD-19 workplace safety guidance for Federal contractors and subcontractors from the Safer Federal Workforce Task Force, pursuant to Executive Order 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors. SUB.JECJ: Guidance Pursuant to EO 14042: Ensuring Adequate covm Safety Protocols for Federal Contractors Passing along a message from Jason Miller, Deputy Director for Management, Office of Management and Budget Today, the Safer Federal Workforce Task Force (Task Force) released new guidance on COVJD-19 workplace safety protocols for Federal contractors and subcontractors, which is summarized in this 0MB Blo~ Post also issued today. This guidance is issued pursuant to Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the order), which directs executive departments and agencies to

ensure that contracts and contract-like instruments covered by the order include a clause requiring the contractor- and their subcontractors at any tier-to, fo r the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Task Force. These workplace safety protocols will apply to all covered contractor employees, including contractor or subcontractor employees in covered contractor workplaces who are not working on a Federal Government contract or contract-like instrument. Overview of Workplace Safety Protocols for Federal Contractors and Subcontractors Federal contractors and subcontractors with a covered contract will be required to conform to the foll owing workplace safety protocols:

1. COVID-19 vaccination of covered contractor employees, except in limited circumstances where an employee is lega lly entitled to an accommodation;

2. Compliance by individuals, including covered contractor employees and visitors, wit h the guidance related to masking and physical distancing while in covered contractor workplaces; and

3. Designation by covered contractors of a person or persons to coordinate COVID- 19 workplace safety efforts at covered contractor workplaces.

Vaccination of Covered Contractor Employees Covered contractors must ensure that all of their covered employees are fu lly vaccinated for COVID-19, unless the employee is legally entitled to an accommodation. Covered contractor employees must be fully vaccinated no later than December 8, 2021 . After that date, all covered contractor employees must be fu lly vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the cove red contract. Contractor employees working on a covered contract from their residence also must comply with the vaccination requirement fo r covered contractor employees. Masking and Physical Distancing While in Covered Contractor Workplaces Covered contractors must ens ure that all individuals, including covered contractor employees and visitors, comply with published CDC guidance for masking and physical distancing at a covered contractor workplace. COVID-19 Coordinator Designation Covered contractors must des ignate a person or persons to coordinate implementation of and compliance with these workplace safety protocols at covered contractor workplaces. Next Steps for Agencies The Federal Acquisition Regulatory Council (or, FAR Council) will, by October 8, issue guidance for agencies to- starting on October 15- add a clause related to these COVID-19 workplace safety protocols to covered Federal procurement solicitations and contracts subject to the Federal Acquisition Regulation (FAR). Agencies that are responsible for covered contracts and contract-like instruments not subj ect to the FAR also will take prompt action to ensure that those covered contracts and contract-like instrume nts include the clause, starting on October 15. Consistent with applicable law, agencies are strongly encouraged to incorporate a clause requiring compliance with this Guidance into contracts that are not covered or directly addressed by the order because the contract is under the Simplified Acquisition Threshold (as defined in section 2.101 of the FAR) or is a contract or subcontract for the manufacturing of products. Agencies are also strongly encouraged to incorporate a clause requiring compliance with this guidance into existing contracts and contract-like instruments prior to the date upon which the order requires inclusion of the clause. Agencies a re encouraged to circulate the Task Force guidance, and the associated Frequently Asked Questions included therein, to their workforce and ensure that their workforce is fami liar w ith the Task Force guidance requirements. For questions related to the COVlD- 19 Workplace Safety Protocols detailed in the Task Force guidance, agencies may contact SaferFcdera!Workforcc@gsa.~oy

For questions related to the acquisition and contracting aspects of implementation of EO 14042, agencies may contact MBX 0MB ,0FPPv2@0MB .eop.gov For questions from industry partners or contractors that agencies are unable to directly address, agencies may contact MBX 0MB OFPPv2@0MB ,eop gov

From: LaBarge. John To: Brown. Carolyn Cc: Ngo. Diana: Pal:x'..lill; Williams. Monique: Stevenson. Njco1e: Jones Steven: Kittock. Chadsey: Jerneu. Eleni

Subject:

[External_Sender) RE: RE: Plan for EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors Date: Monday, September 27, 2021 2:11:29 PM Attachments: imaaeoo1.ona

Carolyn, Please set up a ha lf hou r Zoom meeting per the email below. It w ill have Steve, Diana and I, along with the NRC folks on t his ema il.

Than ks, John From: Jernell, Eleni <Eleni.Jernell @nrc.gov> Sent: Monday, September 27, 2021 2:04 PM To: LaBarge, John <John.LaBarge@science.doe.gov> Cc: Ngo, Diana <Dia na. Ngo@science.doe.gov>; Daly, Jill <Jil l. Da ly@nrc.gov>; Will iams, Monique <Moniq ue.W illiams@nrc.gov>; Stevenson, Nicole <Nicole.Stevenson@nrc.gov>; Jones, Steven <Steven.Jones@science.doe.gov>; Kittock, Chadsey <Chadsey.Kittock@science.doe.gov>

Subject:

[EXTERNAL] RE: RE : Plan for EO 14042: Ensu ring Adequate COVID Safety Protocols for Fede ral Contractors Thanks Joh n - that wou ld be fantastic! From: La Barge, John <John.LaBarge@science.doe.gov> Sent: M onday, September 27, 2021 2:02 PM To: Jernell, Eleni <Eleni.Jernell@n rc.gov> Cc: Ngo, Diana <Dia na. Ngo@science.doe.gov>; Daly, Jill <Jil l. Da ly@nrc.gov>; Will iams, Monique <Monique.Williams@nrc.gov>; Stevenson, Nicole <Nicole.Stevenson@nrc.gov>; Jones, Steven <Steven.Jones@science.doe.gov>; Kittock, Chadsey <Chadsey.Kittock@science.doe.gov>

Subject:

[External_Sender] RE: Plan for EO 14042: Ensuring Adequate COVID Safety Protocols for Fede ral Contractors Elen i, DOE is currently working on how to incorporate the new EO 14042 requirements into the DOE laboratory contracts. And once DOE modifies it contracts t he requirements will be applied across al l laboratory activities - so anyone worki ng on NRC projects at the laboratories wou ld be covered by the requirements. I suggest w e have a discussion with Steve Jones who is our senior procurement person that is worki ng t his right now for the SC laboratory contracts. If that is agreeble, we can schedule a Zoom meeting to discuss. Than ks, John From: Jernel l, Eleni <ElenUernell @nrc.gov> Sent: M onday, September 27, 202112:08 PM To: LaBarge, John <John.LaBarge@scjence doe gov> Cc: Ngo, Diana <Diana Ngo@science doe gov>; Daly, Jill <Jill Da ly@nrc gov>; Wil liams, Monique <Monique.Williams@orc gov>; St evenson, Nicole <Nicole.Stevenson@nrc.gov>

Subject:

[EXTERNAL] Plan for EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Cont ractors

Hi John, Than ks again for all of your and Diana's efforts in faci litating the de-obligation of prior year funds on the Lab Agreements. We plan to leve rage lessons learned from our initiative this FY to continue to make progress in FY22. I ju st wanted to send you a quick note regardi ng the subject EO . As you know, t hi s will be applicab le to all federa l contractors and subcontractors, regardless of t heir (physica l) work location . We are trying to scope out and prioritize our workload for modifying existing IAAs and contracts to ensure that required provisions are incorporated timely. Would like to align with you on DOE's plan for incorporating t he fort hcoming clause(s) into existing and potentia ll y new Lab Agreements. Are you able to provide us with any insights into your plans/approach?

Thanks, Elen i Ele¥wJ uvuill, Vu-ed:or

,4 Vi'-1(A c q ~ i'-1 ~ V w ~ ( Ai'-1V) phone,; 301 -415 -8725 EWt.Cl.ill. El.eni, Ten1ell@nm ~ Did someone in ADM make your day? Give them a Kudos! [i] This message does not originate from a known Department of Energy email system. Use caution if th is message co nta ins attachments, li nks or req uests for informatio n. This message does not originate from a known Department of Energy email system . Use caution if th is message conta ins attachments, li nks or req uests for information .

From: Corbett James To: Gold. Meg Cc: Stevenson. Nicole

Subject:

RE: Preliminary Notice to Contractors on Executive Order 14042 - Ensuring Adequate COVID Safety Protocols for Federal Contractors Date: Monday, October 4, 2021 10:53:00 AM Attachments: imaaeoo1 ona We're still working this but getti ng closer. Instruct their visitors to comp lete a self-health assessment (https://www.cdc,gov/screening/paper-versjon pdf). Visitors t o NRC faci lities who are not fully vaccinat ed or who decline to provide information via the Certjfjcatjon of Vaccjnatjon form about their vaccination status must provide proof of a negative COVID-19 t est (add lin k t o what t ests are acceptable) from no lat er than t he previous 3 days prior t o ent ry to an NRC facility. When an individua l discloses they are not fully vaccinated or declines to provide information on their vaccination status, NRC will treat that ind ividual as not fu lly vaccinat ed for purposes of implementi ng safety meas ures, including with respect to mask weari ng and physica l distancing. James C. Corbet t, Deputy Director (he/him/his) Office of Admin istration US Nuclear Regulatory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! [i1 From: Gold, Meg <Meg.Gold@nrc.gov> Sent: Monday, October 04, 202110 :13 AM To: Corbett, James <James.Corbett@nrc.gov> Cc: Stevenson, Nicole <N icole.Stevenson@nrc.gov>

Subject:

FW: Pre li minary Notice to Contractors on Executive Order 14042 - Ensuring Adeq uate COVID Safety Protocols for Federa l Contractors James: Nicole and I are thinking of using these two documents (email and fact sheet) to come up with a few talking points for Jennifer for the Wed. reentry meeting? Does that suffice or do you also recommend that we add something about the "interim step_" And, if you think that we should add something about the interim step to Jennifer's talking points, how best can we find the best (most accurate) text? Thoughts? Thanks! From: Daly, Jill <Jill Daly@nrc gov> Sent: Tuesday, September 28, 202111 :58 AM To: ADM_AMD Distribution <ADAM DDistri bution@nrc.gov> Cc: Rule, David <David Rule@nrc gov>; Barr, Rebecca <Rebecca Barr@nrc.gov>; M cGill, Clinton <Cli nton McGill@orc gov>; M athis, Felicia <Felicia Math is@mc gov>; Swain, Karol <Karol Swajn@nrc gov>; Jonsson, Dawn <Dawn Jonsson@nrc gov>; Velarde, Vanessa <Vanessa Velarde@nrc gov>; Nute-Blackshear, Lora <Lora Nute-Blackshea r@nrc gov>; Moore,

Ma urice <Maurice.Moore@nrc.gov>

Subject:

Preliminary Notice to Contractors on Executive Order 14042 - Ensuri ng Adequat e COVID Safety Protoco ls for Federal Contra ctors Good morning! As many of you have heard, on September 9, 2021 the President signed the above referenced Executive Order, which requires federal contractors to ensure proper COVID safety protocols for thei r employees. This guidance appl ies to NRC contractors who provide services to the agency, and covers all of their employees, regardless of their place of performance or if they work on an NRC contract. Attached you will find the preliminary ema il that went out to contractors yesterday. I have also attached a fact sheet we developed for you and agency CORs based on what we know now. Please read through both of these documents, as they contain valuable information. A draft FAR clause and related guidance is expected to be issued by October 8 th , if not sooner. We will keep you posted as we learn more. CORs will be receiving this same information today. In the meantime, if you have any questions, please don't hesitate to reach out to me. If I don't know the answer, I will get it for you. Thanks! Jill Daly C HIEF, A CQUISITION P o u CY, P LANNING, & S UPPORT B RANCH US N UCLEAR R EGULATORY C OMMISSION O FFICE OF A DMINISTRATION, A CQUISITION M ANAGEMENT DI VISION (301) 4 15-8079 (O FFICE) Did someone in AD M make yo ur day? Give them a Kudos!

From: Corbett James To: Jernell. Eleni

Subject:

RE: Today"s AMO Updates meeting on EO 14042 Date: Monday, November 1, 2021 3:42:44 PM Attachments: imaaeOOl.ona The form can be whatever works for you. The only thing I'd ask from beyond the 3 bullets below is a bit more quantitative data (the 65 in 1, how many total contracts in 3). I'd like to be able to tell folks how much work you've done in such a short time. James C. Cor bett, Deputy Director (he/him/his) Office of Admin istration US Nuclear Regulatory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administ rat ive Assista nt: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Corbett, James Sent: Monday, November 01, 2021 3:39 PM To: Jernell, Eleni <Eleni.Jernell@nrc.gov>

Subject:

RE: Today's AMO Updates meeting on EO 14042 You told me you would provide regular updates to me. That's what I'm asking for. James C. Corbett, Deputy Director (he/him/his) Office of Admin istration US Nuclear Regu latory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Jernel l, Eleni <Eleni Jerneil @nrc gov> Sent: M onday, November 01, 2021 3:35 PM To: Corbett, James <James Corbett@nrc.gov>

Subject:

Fwd: Today's AMO Updates meeting on EO 14042 Hi I think you may have confused what I said about GSA maintaining a dashboard for t he mods they are doing to their GWACs with us maintaining a dashboard for ours. There is no requirement for us to report what we've done t o anyone at this poi nt. We are not maintain ing a separate report or setting up another tool to track our progress. We have our list and it is being executed. On ly one issue t o dat e wh ich you are aware of... would really prefer not to creat e extra w ork if possible. Let m e know if you wa nt to discuss further. My plan is stil l to provide you with a wee kly update similar to what Nicole reported at the Updates meeting today.

Begin Forwarded Message: From: "Stevenson, Nicole" <Nicole Stevensoo@nrc.gov>

Subject:

Today's AMO Updates meeting on EO 14042 Date: 01 Novem ber 202113:19 To: "Jernell, Eleni" <Ele ni.Jernell@nrc.gov> Hi Eleni: I report ed t he following regardi ng t he mod ifications for EO 14042 - Ensuring Adequate COVID Safety Protocols for Federal Contractors at today's ADM Updates meeting:

1. All of the modifications for contracts w it h on-site employees (and/or badged folks w ith access to the bu ilding) have gone out for signatu re and about 63% of t hose are already back signed.

2. We only know of one issue with respect to a Contractor unwil ling to sign the modification and we are working that t hrough with OGC (the Marriott situation).

3. Of the total number of modifications we need to do, 2/3 have already been sent out and 1/3 are already back signed.

James explained you informed him that you would provide him w ith weekly updates. He seemed OK with this information but indicated you had a dashboard in mind. Nicole Stevenson Dep uty Director Office of Adminis tration (ADM) Acquis ition Manageme nt Divis ion (AMD) U.S. Nuclear Regulatory Commission Cell Phone: !(b)(6) I Email: Njcole,Stevenson@nrc gov Proud to be A-M -D ! Did someone in ADM make your day? Give them a Kudos!

From: ~ 1'0: Cc: =:::,~,llilxsi71lali. 1!1l,2'!1.. fl!:D1

Subject:

Rf: rW: SRM-OGC~ l'rom OGC to CommlsSioo Ofl EO 11°'42 on f nsi.,ln,g AdeQUiKe COVl O Safety Protocols for federal Contr~ors O*t t: TucSdby, NOYember 2, 2021 10:43:9 Wt "ttachments: _20211021 Mc""on ,o 10.2 oneo...=v,ocIn,00n *..,,,,..,,cn1S.odl

                 ,~ J nn.,

IThis 7 page attachment is withheld in its entirety und er FO IA exemption 5 J:mport11nce: High Please get with Nicole Stevenson ASAP I just read the entire OGC assessment and there's nothing that we are not already implementing. We've got this completely covered. However, we want to shape the tasking to ensure we can check it off. Not sure I like the Task Descnpllon being proposed. The timeline is probably good. I don't need to concur with what Nicole S. wants. Let me know if you need me to weigh in. James C. Corbett, Deputy Director (he/ h,m/h1s) Office of Administra tion USNuclear Regulatory Commission Location: T7-A90

• MailStop: T7-820M Direct: 301*415 7152 I Administrative Assistant: 301*415*8742 r d ,omeon: ADM m,ke your day? Give It.em a Kudo<I From: McClain, Nicole <Nicole.McClain@nrcgov>

Sent: Tuesday, November 02, 202110:27 AM To: Corbett, James <James.Corbett@nrc.gov>

Subject:

Fwd: FW: SRM*OGC211027 Memo from OGC to Commission on EO 14042 on Ensuring Adequate COVIOSafety Protocols for Federal Contractors Hi Jam es, Would the safety protocols for contractors be covered in the cont ract language from AMD? Nicole

• • • --*- Ori lnal Messa e ***-*-*-

From: (b)(6) Date: ue, ovem er To: " McClain, Nicole" <Nicole McClain@nrc.gov> SubJect: f W: SRM*OGC211027 Memo from OGC 10 Commission on EO 14042 on Ensuring Adequate COVIOSafety Protocols for Federal Contractors

Nicole, The attached SRM req uires ADM to update t empl at es, etc., to ensure adequate safety prot ocols for cont ract or staff, consistent wit h E.O. 14042. The tentative due date assigned by SECY for this activity IS 12/15/21. Before the ticket Is formally issued to you later today, I wanted to touch base to see if ADM had any add1t1onal input on the proposed due date/task.

Thank you Leah From: Woods, Sylvia <Svlvia Woods@occ gay> Sent: Monday, November 1, 2021 7:45 PM TOl\bl(6) i SubJett: SRM-OGC211027 Memo from OGC to Comm,ss,on on EO 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors Hi j (b)(6) I We received 1 task for SRM-OGC211027. Please review the task description for your office and let me know if it is okay for the action to be tasked to the assigned office, and whether additional OEDO tasking information is necessary from this SRM. ACS will wor1< with SECY to confirm the assignments. If the response Is a SECY paper (which I don't think this is) please coordinate with the office a due date for the alignment ticket. When responding, lllJlase indicate/confirm: (1) Office Assignment (is the office correct) (2) Type of response (SECY paper, memo, letter, etc.) (3) If the response is a SECY paper provide a possible due date for the Alignment ticket (4) Signature level of response (EDO, OD, etc. ) (5) EJlQ due date (6) ~ due date SRM-OGC211027 Memo from OG C to Commission on EO 14042 on Ensurlna Adeauate COVID Safetv Protocols for Federal Contractors Task Lead Office SECY Due date Task Description Update templates/procedures or any necessary docs to include a clause in contracts or other similar instruments that would bind the contractor, & 1 ADM 12115/2021 (estimated) subcontractor, to comply with workplace guidance published by the Safer Fed Workforce Task Force. EO 14042

Thanks, Sylvia From: i!dC>mso8 icro servir:e@nrr: @PY <ildamsna irm :scrvice@nrc cov>

Sent: Thursday, October 28, 2021 9:24 AM To: ICM_ STARS_OEDO <ICM STABS OEDO@orc QQY>; ICM_STARS_ SECYTasks </CM STARS SFCYTasks@orc gov> Subject : STARS Task Notification (SRM*OGC211027, New) A new Task has been created by Gonzalez, Sersio (seg) on 10/28/2021. The Task information is below. ~ Task Info Document

SRM -OGC211027 Number Package Acce!'.s ion Special Handling Activity Memo from OGC to Commission on EO 14042 on Ensuring Adequa te COVID Safety Protocols for Federal Cont racto rs, dated 10/27/21 Title Activity SRM Type Task Numbe r

      . . Update templates/procedures or any necessary docs to Incl ude a clause in contracts or other similar instruments that wo uld bind the con tractor, &

Description subcontractor, to comply w ith workplace guidance published by the Safer Fed Workforce Task Force. EO 14042 Priority Normal Lead Office OEDO Supporting ADM Office Due Date 12/15/2021 Cross Refere nce Subject Admi nist rative Issues (Payroll, Personnel, Organizational Struct Codes Freq uency Completion Date Closure Code Clos ure Date

From: Stevenson Nicole To: Golder. Jennifer Cc: Jernen. Eleoi; Corbett. James

Subject:

Modifications to Incorporate EO 14042 - Ensuring Adequate COVID Safety Protocols for Federal Contractors. Date: Thursday, November 4, 2021 11:22:06 PM Attachments: imaaeoo1.ona Hi Jennifer: Per your request, please find talking points regarding our progress on completing the modifications to incorporate EO 14042 - Ensuring Adequate COVID Safety Protocols for Federal Contractors.

1. We have targeted November 19, 2021 for the date by which all modifications will be completed (sent and returned signed by all Contractors).

2. To date we have completed the following:

• Of the total 299 contracts we must modify, we have sent 231 modifications out (77%), we have received 115 of modifications back signed (38% of the total, 50% of what was sent).
• 160 of the 299 contracts are for contracts where either the place of performance requires contractors to be on-site at NRC facilities or Contractor employees are badged and can access NRC facilities. For this group of contracts, we have sent 143 modifications out (89%}, we have received 74 of the modifications back signed (46%

of total, 52% of what was sent).

3. We are not impacted by the date change from December 8, 2021 to January 18, 2022 as the deadline by which Contractor employees must be vaccinated. The modification does not need to be altered because the clause requires Contractors to comply with the guidance on the Safer Federal Workforce Task Force website (where the compliance date is stipu lated).

Please let me know if you need anything else.

Thanks, Nicole Nicole Stevenson Deputy Director Office of Administration (ADM)

Acquisition Management Division (AMO) U.S. Nuclear Regulatory Commission Cell Phone:!(b)(6) I Email: Nicole.Stevenson@nrc.gov Proud to be A-M-DI Did someone in ADM make your day? Give them a Kudos !

From: Corbett James To: Stevenson. Nicole

Subject:

RE: (CAO-COUNICIL] Update on Federal Contractor Vaccination Requirement Date: Friday, November 5, 20211:54:00 PM Attachments: imaae00l.ona I'm reviewing Congressional testimony the Chairman is scheduled to give on 12/1. Need to be very clear he is correct in anything he says. Keeping it high level. James C. Corbett, Deputy Director (he/him/ his) Office of Admin istration US Nuclear Regu latory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Stevenson, Nicole <Nicole.Stevenson@nrc.gov> Sent: Friday, November 05, 20211:52 PM To: Corbett, James <James.Corbett@nrc.gov>

Subject:

RE: [CAO-COU NCIL] Update on Federa l Contractor Vaccination Requirement Yep, that's how the COOKIE CR UMBLES! From: Corbett, James <James Corbett @nrc gov> Sent: Friday, November 5, 2021 1:49 PM To: Stevenson, Nicole <Nico!e.St evenson@nrc.gov> Cc: Golder, Jennifer <Jenn ifer.Golder@nrc.gov>; Jernell, Eleni <Eleni Jernell@nrc.gov>

Subject:

RE: [CAO-COU NCIL] Update on Federa l Contractor Vaccination Requirement Got it. So, difference between "vaccinated by January 4" in press release and "fully vaccinated by January 18. " Now they need to the Safer Federal Workforce site updated. James C. Corbett, Deput y Director (he/him/his) Office of Administration US Nuclear Regu latory Commission Location: T7-A90 - MailStop: T7-B20M Direct : 301-415-7152 I Administ rat ive Assista nt: 301-415-8742 Did someone in ADM make your d ay? Give them a Kudos ! [i] From: Stevenson, Nicole <Nicole Stevenson@ nrc gov> Sent: Friday, November 05, 20211:45 PM To: Corbett, James <James.Corbett@nrc.gov>

Cc: Golder, Jennifer <Jennifer.Golder@nrc.gov>; Jernell, Eleni <Eleni.Jernell@nrc.gov>

Subject:

FW: [CAO-COUNCIL] Update on Federal Contractor Vaccination Requ irement See highlight below on how the 4th became the 18th ! From: Ch ief Acquisition Officers Council <cao-council@listservgsa.gov> On Behalf o~...(b_l(6_l _ _ _ __, l(b)(6) I Sent: Thursday, November 04, 202110:54 AM To: CAO-COU NCIL@USTSERV.GSA GOV

Subject:

[Externa l_Sender] [CAO-COUNCIL] Update on Federal Contractor Vaccination Requirement Good morning, Th is morning, as part of a broader announcement regarding the newly released OSHA COYID-19 Vaccination and Testing Emergency Temporary Standard ("ETS") and the Centers for Med icare & M edicaid Services (CMS) req uirement t hat health care workers at facilities pa rt icipating in Medica re and Medica id be f ul ly vaccinated ("CMS rule"}, the Administration announced steps it is t aking to streamline implementation across these two rules and Executive Order (EO) 14042 on Ensu ring Adequate COVID Safety Protocols for Federal Workers. The rules released today ensure em ployers know which requirement s apply to which workplaces. Employers may have some workplaces subject to requirements for Federa l contractors and other workplaces subject to the ETS. To make it easy for employers to comply with the requirements and support the health, safety, efficiency, and effectiveness of their workforce, the deadline for the contractor vaccination requirement will be aligned with requirements in the CMS rule and ETS. his means Federal contractor emp loyees covered under the requirements of EO 14042 willl need now to have their fina l vaccination dose by January 4, 2022, so that they are fully vaccinated by January 18, 2022. After that date, all covered contractor employees must be fully vaccinated by the first day of t he period of performance on a newly awarded covered contract, and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract. This change also w ill ensu re that Federa l contractors implement t hei r vaccination requirement s on t he same timeline as other employers in t heir industries. In addition, t he newly released ETS will not be applied to workplaces subject to the Federal contractor requirements or CMS ru le, so employers will not have to track mu ltiple vaccination requirements for the same employees. As a remi nder, earlier this week the Safer Federal Workforce Task Force ('Task Force") released new FAQs for Federal contractors, which cover accommodations, enforcement, compliance, and affi liates. The dead line for the Federal employee COVID-19 vaccination requirement remains November 22, 2021. Next Steps Following today's announcement, t he next step in implementing this change is for the Safer Federa l Workforce Task Force ("Task Force") to issue updated guidance, pursuant to Section 2 of EO 14042. The Task Force will notify agencies by email when its guidance for Federa l contractors has been updated at: https'i/www saferfederaJworkforce gov/contractors/. Once the new Task Force guida nce is issued and approved by the Director of the Office of M anagement and Budget, it will be automatically incorporated into contractor requirements

through the provision in the contract cla use: "The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at httos:llwww.saferfederalworkforce.gov/contractors( 11 In the meantime, please see attached for updated key information for interna l Government-on ly use regarding implementation of EO 14042 on Ensuring Adequate COVID Safety Protoco ls for Federal Contractors, which can be shared with your teams. Thi s is an update to an internal Government-only use background document previously sha red with agencies. We will continue interagency discussion about the imp lementation of EO 14042 during our weekly CAOC-SPE Office Hours tomorrow afternoon, Friday, November 5, 1:30 PM to 2:30 PM EST. Than k you for all you and your teams are doing to advance the health, safety, efficiency, and effectiveness of the Federal workforce, including Federal contractor employees.

From: Stevenson. Nicole To: l&ly,_Jill Cc: Jernen. Eleoi

Subject:

RE: Modifications to Incorporate EO 14042 - Ensuring Adequate COVID Safety Protocols for Federal Contractors. Date: Tuesday, November 9, 2021 3:39:40 PM Attachments: imaaeoo1.ona Hi Jill: Instead of waiting for Monday, please have t his information ready for tomorrow. Please also summa rize the TTC contractor issue regarding their hesitancy to sign the mod for EO 14042 and provide to Eleni tomorrow. I believe Eleni wants to give this info. to James as this week's update and you both are off on Friday.

Thanks, Nicole From: Daly, Jill <Jill.Daly@nrc.gov>

Sent: Tuesday, November 9, 2021 8:14 AM To: Stevenson, Nicole <N icole.St evenson@nrc.gov>

Subject:

RE : M odifications to Incorporate EO 14042 - Ensuring Adequate COVID Safety Protocols for Fede ral Contractors. Thank you! I'll get this to Eleni first thing on M onday so she is ready for the m eeting. From: Stevenson, Nicole <Nicole Steyenson@nrc gov> Se nt: Tuesday, November 09, 20218:13 AM To: Da ly, Jill <Jill.Daly@nrc.gov>

Subject:

FW: Modifications to Incorporate EO 14042 - Ensur ing Adequate COVID Safety Protocols for Federal Contractors. From: Stevenson, Nicole Sent: Thursday, November 4, 202111:22 PM To: Golder, Jennifer <Jenn ifer Golder@nrc gov> Cc: Jernell, Elen i <Eleni Jernell@nrc gov>; Corbett, James <James Corbett@nrc gov>

Subject:

Modifications to Incorporate EO 14042

• Ensuring Adequate COVID Safety Protoco ls for Federal Contractors.

Hi Jennifer: Per your request, please fin d ta lking points regarding ou r progress on completing the modifications to incorporate EO 14042

• Ensuring Adequate COVID Safety Protocols for Federal Contractors.

1. W e have targeted November 19, 2021 for the date by which all modifications will be completed (sent and returned signed by all Contractors).

2. To date we have completed the following:

• Of the total 299 contracts we must modify, we have sent 23 1 modifications out (77%), we have received 115 of modifications back signed (38% of the total, 50% of what was sent).
• 160 of the 299 co ntracts are for contracts wher e either the place of performance requires contractors to be on-site at NRC facilities or Contractor employees are badged and can access NRC facilities. For this group of contracts, we have sent 143 modifications out (89%), we have received 74 of the modifications back signed (46%

of total, 52% of what was sent).

3. We are not impacted by the date change from December 8, 2021 to January 18, 2022 as the deadline by which Contractor employees must be vaccinated. The modification does not need to be altered because the clause requires Contractors to comply with the guidance on the Safer Federal Workforce Task Force website (where the compliance date is stipulated).

Please let me know if you need anything else .

Thanks, Nicole Nicole Stevenson Deputy Director Office of Administration (ADM)

Acquisition Management Division (AMD) U.S. Nuclear Regulatory Commission Cell Phone: !Cb)( 6)  ! Email: Njcoie.Stevenson@nrc.gov Proud to be A-M-D! Did someone in ADM make your day? Give them a Kudos!

From: Jernen Eleni To: Golder. Jennifer: Corbett. James

Subject:

EO 14042 Modifications Update Date: Thursday, November 18, 2021 9:57:00 AM

1. We have targeted November 19, 2021 for the date by which all modifications will be completed (sent and returned signed by all Contractors).

2. To date we have completed the following:

• Of the total 289 contracts we must modify, we have sent 244 modifications out (84%), we have received 199 of modifications back signed (69% of the total, 81 % of what was sent).
• 158 of the 289 contracts are for contracts where either the place of performance requires contractors to be on-site at NRC facilities or Contractor employees are badged and can access NRC facilities. For this group of contracts, we have sent 143 modifications out (91 %}, we have received 119 of the modifications back signed (75% of total, 83% of what was sent).

3. While OGC determined t hat we are okay to not modify the contract with Marriott for the RIC, we have three contr acts for training where the contractors have either indicated that they don't want to sign t he modification now (they want to wait until we exercise their option, per guidance in the EO), or they won't sign at all. These contracts are:

a. Framatome Inc. provides the Pressurized Water Reactor (PWR) Maintenance Training Overview Course.

b. Source Production & Equipment Company (SPEC), Inc. provides industrial radiography training.

c. Sterigenics US, LLC provides lrradiator Technology Training.

     **We are working with OGC on these three issues. Ruth Cooke has indicated that the EO will allow us to wait until we exercise the option to include this clause. This would probably work for the Framatome contract. However, for the other two, it will likely just buy us some time to come up with another procurement strategy for those two courses, as it is likely those contractors will not sign regardless of when they receive the modification. Both vendors have stated that they would likely lose employees if this mandate was placed on their company and I believe we are their only federal customers, so they don't feel compelled to sign.

From: Jernen Eleni To: Golder. Jennifer: Corbett. James

Subject:

EO 14042 Modifications Update Date: Monday, November 29, 2021 9:25:00 AM

1. November 19, 2021 was the targeted date by which all modifications will be completed (sent and returned signed by all Contractors).

2. To date we have completed the following:

• Of the total 286 contracts we must modify, we have sent 260 modifications out (91%), we have received 215 of modifications back signed (75% of the total, 83% of what was sent).
• 156 of the 286 contracts are for contracts where either the place of performance requires contractors to be on-site at NRC facilities or Contractor employees are badged and can access NRC facilities. For this group of contracts, we have sent 148 modifications out (97%}, we have received 132 of the modifications back signed (85% of total, 89% of what was sent).

3. While OGC determined t hat we are okay to not modify the contract with Marriott for the RIC, we have three contracts for training where the contractors have either indicated that they don't want to sign t he modification now or they won't sign at all. These contract s are:

a. Framatome Inc. provides the Pressurized Water Reactor (PWR) Maintenance Training Overview Course. Framatome has agreed that they will comply with the clause, but they are still developing a plan to do so. They have asked that we wait to sign the modification until they can comply. We are going to move forward with this strategy.

b. Source Production & Equipment Company (SPEC), Inc. provides industrial radiography training.

c. Sterigenics US, LLC provides lrradiator Technology Training.

The Framatome issue has been resolved. We are working with OGC on the other two issues. Ruth Cooke has indicated that the EO will allow us to wait until we exercise the option to include this clause. This wi ll likely just buy us some time to come up with another procurement strategy for those two courses, as it is likely those contractors will not sign regardless of when they receive the modification. Both vendors have st ated that they would likely lose employees if this mandate was placed on their company and I believe we are their only federal customers, so they don't feel compelled to sign.

From: Q.ahi..Jill To: Williams. Moniaue: Jernell. Eleni: Stevenson. Nicole

Subject:

RE: (CAO-COUIIICIL] [Time-sensitive] Update on implementation of EO 14042 Date: Friday, December 3, 2021 8:40:11 AM Attachments: Active Contracts List wCitv State Dec 3 2021.xlsx EO14042 Decision Tree for KY OH TN.odf Good morning, I finally got the report of active contracts with the state. The vast majority of contracts in KY, OH & TN are in OBB. OBA has two, but I'm not sure that one of them met the criteria to be modified. In any event, the list is attached, along with a decision tree I put together based on the gu idance below. There is one page for contracts and one for solicitations. If something else would be more useful, please let me know. Thanks!! Jill From: Will iams, Monique <Monique.Williams@nrc.gov> Sent: Wednesday, December 01, 20214 :24 PM To: Da ly, Jill <Jill.Daly@nrc.gov>; Jernell, Eleni <Eleni.Jernell@nrc.gov>; Stevenson, Nicole <N icole.Stevenson@nre.gov>

Subject:

Re: [CAO-COUNCIL] [Time-sensitive] Update on implementation of EO 14042 We talked about it t his morni ng in our branch meeting. They are awaiting the gu idance. Once you get the list and send guida nce we can take it from there. No need to leave conference. Enj oy! On: 01 December 202116:07, "Da ly, Jill" <Jill.Daly@nrc.gov> wrote: In order to help get the word out to our folks, I've requested the STAQS Help Desk run the active contract report for me so that we can identify which contractors are in Kentucky, Tennessee and Ohio. I will also put together a one pager for our folks with any actions required on t heir part. I hope to get that NEAT report today, they are still not working so I have to wait. Another option to have a quick 15 minute with the Ops folks tomorrow during a break in the NCMA conference to quickly review this information. I'm happy to set that up if you think it's a good idea. If yo u have any other thoughts, please let me know. Jill From: Ch ief Acquisition Officers Council <cao-council@ljstserv gsa gov> On Behalf Of!(b)(6) l(b)(G) I _____..... Sent: Wednesday, December 01, 2021 3:06 PM To: CAO-COUNCIL@USTSERY GSA GOV

Subject:

[Externa l_Sender) [CAO-COUNCIL) [Time-sensitive] Update on implementation of EO 14042 Please see below for a time-sensitive communication regarding implementation of Executive Order 14042 from the Office of Management and Budget (0MB): On November 30, 2021, a Federal district court temporarily enjoined implementation of provisions of Executive Order 14042 in three states. The court order covers the States of Kentucky, Ohio, and Tennessee. This memorandum informs agencies of t he actions that must be taken to ensure compliance with that court order. The Department of Justice is currently reviewing the court order to determine its scope and to decide on next steps in the ongoing litigation. In t ime, as the litigation continues and agencies

implement the court order, additiona l or amended gu idance may be issued to address new lega l developments, resolve logistica l difficulties, or mit igate disruption to the procurement process. In the meantime, pending further direction, agencies must follow this preliminary guidance to ensure compliance with the court order. For existing contracts and contract-like instruments (hereinafter "contracts"), including extensions and renewals, that are performed at least in part in Kentucky, Ohio, and/or Tennessee: If the contract incl udes a clause requiring compliance with guidance issued by the Safer Federal Workforce Task Force ("Task Force guidance"), the adm inistering agency must take no action to enforce t hat clause and shou Id inform t he contractor that the clause will not be enforced absent fu rther notice from the agency. If the contract or order does not incl ude a clause requiring compl iance with Task Force guidance, the administering agency must refra in from attempting to insert such a clause into the document. The agency should not ask t hat the contractor voluntari ly agree to the insertion of such a clause. For existing solicitations for services that may be performed at least in part in Kentucky, Ohio, and/or Tennessee: If the solicitation includes a provision that would require compliance w ith Task Force guidance, the issu ing agency shall issue a solicitation amendment either removing that provision or providing that t he provision would not be enforced in cont racts subject t o the court order. The agency should comply with all applicab le legal requ irements for f ull and open competition. If the solicitation contains no clause req uiring compliance with Task Force guidance, the agency sha ll not seek to add one, unless it provides that the provision wou ld not be enforced in cont racts subject t o the court order. For future solicitations, contracts, and orders that may be performed at least in part in Kentucky, Ohio, and/or Tennessee: Absent further direction from 0MB, agencies shall not include a clause requ iring compliance with Task Force guida nce in new solicitations, cont ract s, or orders, including extensions or renewals, that may be performed at least in part in Kentucky, Oh io, and/or Ten nessee, unless t he clause provides that it would not be enforced in contracts or orders subject to the court order. In some cases, agencies may be unable to determine in advance whether work under a given solicitation w il l be performed in any of those st at es. In those cases, the solicitation must not include a clause requiring complia nce wit h Task Force gu idance, unless t he clause provides that it would not be enforced in contracts or orders subject to the court order. For existing and future contracts and orders, including extensions and renewals, that are known to be performed entirely outside of Kentucky, Ohio, and/or Tennessee: No change in approach is required. The court order applies only to cont ract s t hat are performed at least in pa rt in Kent ucky, Ohio, or Tennessee . If contracting officers or ot her cogn iza nt agency personnel are unsure whether performance on a given contract takes place at least in part in one of those three states, they should immediately request that information from t he cont ractor. If st ill in doubt, t hey shou ld treat the cont ract as if it is bei ng performed at least in part in Kentucky, Ohio, and/or Tennessee, and follow the guidance above. Agencies must adhere to this guidance to ensure that the Government meets its lega l obligations. If agency Chief Acquisition Officers or senior procurement executives have questions or need further information about t his guidance, they should cont act Ba rbara Thomas in the 0MB Office of General Counsel at ... l (b_)(B_) _ _ _ _ _ _ _ _ _ ____,

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Active Contracts List Thi$ report wtlines pertinent detai/5 r;,f alt activr: cortrrac~ induding COR, Buye r, Vendor, Pericd cif Per-fr;,rmant;.e, Ceiling and Obligation$. This n:PQrt is e.Jtportabfe ta excel, where the data r;an be filtered dQwn by COit Vendor, Buyer, etc.

For Active Cont racts Yes L - - - - - ---1'10-- - - - - - - - - - - - - - - - - - - - - l M No action required. i - - - - - - - - - > t End Yes Let the contractor know that the NRC will not be enforcing, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ the clause until further notice.

For Solicitations No action required. Do not amend t he solicitation to add the clause, unless a notice is included that t he clause will not be enforced for businesses in KY, OH & TN until further notice. Yes End Amend the solicitation to alert potential offerors that t he clause will not be enforced for contractors located in KY, OH & TN until further notice.

From: Corbett James To: Lamary. Mary: Roberts. Darrell: Lombard. Mark Cc: Miotta Sherri

Subject:

RE: Meadows in Contempt, Partisan Perception, and Closing Guantanamo Bay? Dat e: Wednesday, December 8, 2021 1:53:00 PM Attachments: imaae00l.pnq imaae004 ona The order stops the enforcement of the SFWTF guidance placed on contractors by the contract modifications. By now, we've modified almost every contract where the clause is appropriate. I'm not certain what we'd communicate at this moment. The SFWTF and Office of Federal Procurement Policy will be providing more guidance. -James James C. Corbett, Deputy Director (he/him/his) Office of Admin istration US Nuclear Regu latory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Adm inistrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Lamary, Mary <Mary.Lamary@ nrc.gov> Sent: Wednesday, December 08, 20211:19 PM To: Roberts, Darrell <Darrell.Roberts@n rc.gov>; Lombard, Mark <Mark.Lombard@nrc.gov> Cc: Miotla, Sherri <Sherri. Miotla@nrc.gov>; Corbett, James <James .Corbett@nrc.gov>

Subject:

RE : M eadows in Contempt, Partisan Perception, and Closing Gua ntanamo Bay? I am looping in James; my guess is there will be sta ndard messaging provided, probably through the Chief Acq Council, from the SFWTF, much li ke I get through CHCOs. M ary From: Roberts, Darrell <Da rre ll, Robert s@n rc,gov> Sent: Wednesday, December 8, 202112:54 PM To: Lama ry, M ary <Mary.Lamarv@nrc gov>; Lomba rd, Ma rk <Mark. Lombard@nrc.gov> Cc: Miotla, Sherri <Sherri .Miot la@nrc.gov>

Subject:

FW: Meadows in Contempt, Partisa n Perception, and Closing Guantanamo Bay? This appears to change things re: the January mandate for contractors. Any need to address internally from a communications standpoint? DJR From: The Well News <sftw@thewellnews.com> Sent: Wednesday, December 8, 2021 7:08 AM To: Roberts, Darrell <Darrell Roberts@nrc.gov>

Subject:

[Externa l_Sender] Meadows in Contempt, Partisan Perception, and Closing Guantanamo Bay? View in browser

Straight From The Well Wednesday, December 8, 2021 Read to the end of this email to learn about a new law passed in Spain... LEGAL Federal Court Blocks Vaccine Mandate for Federal Contractors A federal judge in Georgia has blocked the Biden administration from enforcing its vaccine mandate for federal contractors, handing a victory to several state attorneys general who argued the mandate created an unfair economic burden. Presiding in the federal courthouse in historic downtown Savannah, U.S. District Judge R. Stan Baker held that while the federal procurement act upon which President Biden's executive order was premised "explicitly and unquestionably" bestows some authority upon the president, "the court is unconvinced, at this stage of the litigation, that it authorized him to direct the type of actions by agencies that are contained in EO 14042." Read More

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~ CONGRESS Select Committee on Jan. 6 Threatens Mark Meadows With Contempt [i] The Select Committee investigating the Jan. 6 attack on the Capitol says it will launch criminal charges on former White House Chief of Staff Mark Meadows if he refuses to cooperate with the probe. Meadows, who has been an on-again, off-again witness for the committee for weeks, is scheduled to testify before the panel behind closed doors on Wednesday. Read More

MORE FROM THE WELL Biden Pick to Lead Major Banking Regulator Drops ru In a letter to President Biden, Omarova said it was a "great honor and a true privilege to be nominated" and that she deeply values the president's trust in her abilities. Senate Considers Closing Guantanamo Detention facility The fiasco of international politics created by the U.S. detention facility at Guantanamo Bay, Cuba, drew calls to close it down from some lawmakers Tuesday at a Senate hearing. Yamiche Alcindor Joining NBC News as Washington Correspondent Yamiche Alcindor, known to most for her work as White House Correspondent of "PBS NewsHour" and moderator of the Public Broadcasting Service's "Washington Week" program, is joining NBC News' Washington team. EEC Releases New Campaign Guide for Congressional Candidates The Federal Elections Commission released the latest edition of its campaign guide for congressional candidates and committees Monday, posting a PDF version to its website ahead of publication of a print edition. Partisan Media Consumption Tied to Election Legitimacy Perception Researchers from the University of Colorado at Boulder found viewers' consumption of Fox News was connected to lowered perceptions of election legitimacy while consumption of other outlets led to higher perceptions of election legitimacy. Devin Nunes to Quit Congress to Become Trump Social Medja Co CEO Rep. Devin Nunes, R-Calif., will resign from Congress at the end of the month to become chief executive

officer of former President Donald Trump's fledgling social media entity, the company announced Monday. former Sen. Dole to Lie In State in Capitol Rotunda Former Sen. Bob Dole, R- Kan. , will lie in state in the U.S. Capitol Rotunda on Thursday. Dec. 9. Dole, who died Sunday morning after a battle with lung cancer, served in the U.S. Army in World War II and was awarded two Purple Hearts for his valor. Congressional Democrats Raised Concerns Over WarnerMedia/Discovery Merger House and Senate Democrats on Monday raised their objections to the pending $43 billion merger of WarnerMedia and Discovery, arguing it will hurt the Hollywood jobs market and squelch diversity in the entertainment workforce. Justice Department Sues Texas Over Redistricting

                   .e.tan The Justice Department sued Texas on Monday over the state"s new redistricting plan, alleging it violated Section 2 of the federal Voting Rights Act by diluting the Latino vote.

Pelosi Expected to Strip Boebert of Committees Over Anti-Islamic Statements Democrats in Congress are waiting to see whether House Speaker Nancy Pelosi follows through on a reported promise of sanctions against a Republican congresswoman who made anti-Islamic statements about a political rival. NEWS YOU CAN'T USE Source: IFLScience!

[i] Spain Passes New Law Recognizing Animals As Sentient Beings And Not "Objects" C The Well News, 777 6th Street, NW, Washington, DC 20001 Unsubscrjbe Manage preferences

From: Corbett James To: Lombard. Mark: Roberts. Darrell Cc: Miotta Sherri: Dorman Dan: Haney. catherjne: Lamary. Mary

Subject:

RE: EO 14042 (contractor vax mandate) blocked Date: Thursday, December 9. 2021 12:06:00 PM Attachments: imaaeOOl.pnq imaae004 ona Clarification: While we have modified those contracts, they do nru currently have to comply and follow the EO guidance. The guidance just issued for acquisition is for us to notify contractors to refer to the SFWTF site for applicability of the EO. The SFWTF has been updated with a list of where the modifications are enforceable (right now, nowhere). These court injunctions are preliminary and may change, thus the refer to website instruction. - James James C. Corbett, Deputy Direct or (he/him/ his) Office of Admin istration US Nuclear Regulat ory Commission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Lombard, Mark <Ma rk.Lombard@nrc.gov> Sent: Thursday, Dece mber 09, 202111:58 AM To: Roberts, Darrell <Darrell.Roberts@n rc.gov> Cc: M iotla, Sherri <Sherri.M iotla @nrc.gov>; Dorman, Da n <Dan .Dor man@nrc.gov>; Ha ney, Catherine <Catherine.Haney@nrc.gov>; Corbett, James <James.Corbett@nrc.gov>; Lamary, Mary <M ary.Lamary@nrc.gov>

Subject:

RE : EO 14042 (contractor vax mandate) blocked

Darrell, While we have received a few concerns previously about the mixed vaccinated and not vaccinated environment, we are not getting those at least over the last 2 weeks or so in the COVID-19 email box. I assume any that came into the re-entry email box would have been forwarded to us but I will leave that to Sherri to respond to. Of course, that does not mean folks still are not experiencing those concerns, and does not mean it won't come up at the next Town Hall. We use trends in the email box to inform the need for bu lletins or other communications like FAQs.

Mark From: Roberts, Darrell <Darrell Roberts@nrc gov> Sent: Wednesday, December 8, 2021 2:32 PM To: Corbett, James <James.Corbett@nrc.gov>; Lamary, Mary <Mary Lamary@nrc.gov>; Lombard, M ark Cc: M iot la, Sherri <Sherri Miotla@nrc gov>; Dorman, Dan <Dan Dorman@nrc gov>; Haney, Catherine <Catherine Haney@nrc gov>

Subject:

RE: EO 14042 (contractor vax mandate) blocked

Thanks, All (Mark I got your response as well). I've copied Dan and Cathy for awareness. So the below court decision doesn't affect those contracts that have already been modified. The natural question/concern from staff (who aren't aware of that nuance) would be are we going to force them to come into the office and work alongside people who aren't vaccinated (I know the answer and the basis we've provided previously, but this being in the news will likely generate renewed questions and concerns about the mixed environment). May be worth an FAQ at the least. Darrell From: Corbett, James <James.Corbett@nrc gov> Se nt: Wednesday, December 8, 20211 :54 PM To: Lamary, Mary <Mary,Lamary@nrc gov>; Robert s, Darrell <Darrell Robert s@ nrc.gov>; Lombard, Mark <Mark. Lombard@ nrc.gov> Cc: Miotla, Sherri <Sherri.Mjotla@ nrc.gov>

Subject:

RE: M eadows in Contempt, Partisan Perception, and Closing Gua ntanamo Bay? The order stops the enforcement of the SFWTF guidance placed on contractors by the contract modifications. By now, we've modified almost every contract where the clause is appropriate. I'm not certain what we'd communicate at this moment. The SFWTF and Office of Federal Procurement Policy will be providing more guidance. - James James C. Corbett, Deputy Director (he/him/his) Office of Admin istration US Nuclear Regu latory Com mission Location: T7-A90 - MailStop: T7-B20M Direct: 301-415-7152 I Administrative Assistant: 301-415-8742 Did someone in ADM make your day? Give them a Kudos ! From: Lamary, Mary <Mary.Lamary@ nrc.gov> Se nt: Wednesday, December 08, 20211:19 PM To: Roberts, Darrell <DarreH.Roberts@nrc.gov>; Lombard, Mark <M ark.Lombard@nrc gov> Cc: Miotla, Sherri <Sherri .Miotla@nrc.gov>; Corbett, James <James.Corbett@ nrc.gov>

Subject:

RE: M eadows in Contempt, Partisan Perception, and Closing Guantanamo Bay? I am looping in James; my guess is there will be sta ndard messaging provided, probably t hrough the Chief Acq Council, from t he SFWTF, much li ke I get through CHCOs. Mary From: Roberts, Darrell <Darre ll Robert s@nrc.gov> Sent: Wednesday, December 8, 202112:54 PM To: Lamary, M ary <Mary Lamary@nrc gov>; Lomba rd, Mark Cc: Miotla, Sherri <Sherri Miotla@ nrc gov>

Subject:

FW: Meadows in Contempt, Pa rtisa n Perception, and Closing Guantanamo Bay? This appears to change things re: the January mandate for contractors. Any need to address internally from a communications standpoint? DJR

From: The Well News <sftw@thewelloews.com> Sent: Wednesday, December 8, 2021 7:08 AM To: Roberts, Darrell <Darrell.Roberts@nrc.gov>

Subject:

[External_Sender] M eadows in Cont empt, Partisan Perception, and Closing Guantanamo Bay? View io browser [U Straight From The Well Wednesday. December 8, 2021 Read to the end of this email to learn about a new law passed in Spain... LEGAL Federal Court Blocks Vaccine Mandate for Federal Contractors A federal judge in Georgia has blocked the Biden administration from enforcing its vaccine mandate for federal contractors, handing a victory to several state attorneys general who argued the mandate created an unfair economic burden.

Presiding in the federal courthouse in historic downtown Savannah, U.S. District Judge R. Stan Baker held that while the federal procurement act upon which President Biden's executive order was premised "explicitly and unquestionably" bestows some authority upon the president, "the court is unconvinced, at this stage of the litigation, that it authorized him to direct the type of actions by agencies that are contained in EO 14042." Read More IN THE NEWS

• Former Sen. David Perdue Announces Georgia Gubernatorial Campaign By Reece Nations
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• Touting Reconciliation Bill. Biden Talks Up Prescription Drug Cost Savings By TWN Staff CONGRESS Select Committee on Jan. 6 Threatens Mark Meadows With Contempt

The Select Committee investigating the Jan. 6 attack on the Capitol says it will launch criminal charges on former White House Chief of Staff Mark Meadows if he refuses to cooperate with the probe. Meadows, who has been an on-again, off-again witness for the committee for weeks, is scheduled to testify before the panel behind closed doors on Wednesday. Read More MORE FROM THE WELL Biden Pick to Lead Major Banking Regulator Drops Q.Y! In a letter to President Biden, Omarova said it was a "great honor and a true privilege to be nominated" and that she deeply values the president's trust in her abilities. Senate Considers Closing Guantanamo Detention Facility The fiasco of international politics created by the U.S. detention facility at Guantanamo Bay, Cuba, drew calls to close it down from some lawmakers Tuesday at a Senate hearing. Yamiche Alcioctor Joining NBC News as Washington Correspondent [i] Yamiche Alcindor, known to most for her work as White House Correspondent of "PBS NewsHour and moderator of the Public Broadcasting Service's "Washington Week" program, is joining NBC News' Washington team. EEC Releases New Campaign Guide for Congressional Candidates [i] The Federal Elections Commission released the latest edition of its campaign guide for congressional candidates and committees Monday, posting a PDF version to its website ahead of publication of a print edition. Partisan Media Consumption Tied to Election Legitimacy Perception Researchers from the University of Colorado at

Boulder found viewers' consumption of Fox News was connected to lowered perceptions of election legitimacy while consumption of other outlets led to higher perceptions of election legitimacy. Devin Nunes to Quit Congress to Become Trump Social Media Co. CEO Rep. Devin Nunes, R-Calif., will resign from Congress at the end of the month to become chief executive officer of former President Donald Trump's fledgling social media entity, the company announced Monday. Former Sen. Dole to Ue In State in Capitol Rotunda Former Sen. Bob Dole, R- Kan. , will lie in state in the U.S. Capitol Rotunda on Thursday, Dec. 9. Dole, who died Sunday morning after a battle with lung cancer, served in the U.S. Army in World War II and was awarded two Purple Hearts for his valor. Congressional Democrats Raised Concerns Over WarnerMedia/Discoyery Merger House and Senate Democrats on Monday raised their objections to the pending $43 billion merger of WarnerMedia and Discovery, arguing it will hurt the Hollywood jobs market and squelch diversity in the entertainment workforce. Justice Department Sues Texas Over Redistricting eJ..a.n The Justice Department sued Texas on Monday over the state's new redistricting plan, alleging it violated Section 2 of the federal Voting Rights Act by diluting the Latino vote. Pelosi Expected to Strip Boebert of Committees Over Anti-Islamic Statements Democrats in Congress are waiting to see whether House Speaker Nancy Pelosi follows through on a reported promise of sanctions against a Republican congresswoman who made anti-Islamic statements about a political rival .

NEWS YOU CAN'T USE Source: IFLScience! Spain Passes New Law Recognizing Animals As Sentient Beings And Not "Objects" The Well News, 777 6th Street, NW, Washington , DC 20001 Unsubscribe Manaae prefe rences}}