Under the new provision, NSF cooperative agreement holders must comply with all of the Safer Federal Workforce Task Force (“Task Force”) guidance, including guidance issued through the Task Force’s FAQs. The new provision also requires cooperative agreement holders to flow the new clause down in subaward agreements that exceed the simplified acquisition threshold (generally $250,000) and that are for services performed in whole, or in part, within the “United States or its outlying areas.” The new clause defines the “United States or its outlying areas” as the 50 states, the District of Columbia, the commonwealths of Puerto Rico and the Northern Mariana Islands, the territories of American Samoa, Guam and the U.S. Virgin Islands, as well as various “minor outlying islands.”

Because of the ongoing litigation surrounding the vaccine mandate, the new clause expressly states that NSF will not enforce its requirements where the cooperative agreement’s place of performance is within an area where a court order has blocked the vaccine mandate. A link is provided in the clause to the Task Force’s website (https://www.saferfederalworkforce.gov/contractors/), which explains where the Executive Order is and is not enjoined. Because of the fluidity of the ongoing litigation, cooperative agreement holders should continue to monitor the status and scope of court orders blocking enforcement of the Executive Order.