Executive Order 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors
President: Joseph R. Biden Jr.
Official title: Ensuring Adequate COVID Safety Protocols for Federal Contractors
Required covered federal contracts to include workplace COVID-19 safety clauses based on Safer Federal Workforce Task Force guidance, including vaccination requirements.
Status: Revoked.
Is Executive Order 14042 still in effect? No. EO 14099, signed May 9, 2023, revoked it effective at 12:01 a.m. eastern daylight time on May 12, 2023. Agencies could no longer enforce policies premised on EO 14042 and were directed to rescind them consistent with law. EO 14099, sections 2–3.

What does Executive Order 14042 do?
The task force was to issue contractor safety guidance, OMB to assess it, and agencies to insert clauses in covered contracts.
Section 5 covered specified services, construction, real-property leaseholds, Service Contract Act services, concessions, and services connected with federal property. Exclusions included grants, specified Indian Self-Determination Act agreements, contracts at or below the simplified acquisition threshold, employees working outside the United States or its outlying areas, and product-only subcontracts. It did not cover every private employer or every supply contract. Labor’s rule is a definition cross-reference, not a separately assigned implementation task. Signed scope and definitions.
Before and after
Before the order
Federal contractors followed varied workplace COVID policies without a government-wide federal procurement requirement.
After the order
Agencies inserted clauses, but courts enjoined enforcement in multiple cases and appellate courts examined presidential procurement authority. EO 14099 revoked the order effective May 12, 2023 and required implementing policies to be rescinded.
The Civilian Agency Acquisition Council issued Letter 2021-03 on September 30, 2021, authorizing agency class deviations. Energy circulated its deviation and the council’s clause text on October 1. These are documented acquisition steps, not proof that every agency inserted or enforced the clause in every contract. GSA issuance notice; Energy procurement flash.
In Georgia v. President of the United States, the Eleventh Circuit on August 26, 2022 narrowed the nationwide preliminary injunction while retaining specified plaintiff protections; its opinion separately addressed mixed-party solicitations. The appeal concerned vaccination, not masking and distancing. Later, the Ninth Circuit vacated its April 2023 Mayes opinion as moot on December 28, 2023, dismissed the appeal and remanded specified contractor-mandate claims for vacatur. Mootness was not a new merits ruling approving or invalidating every safeguard. Eleventh Circuit opinion; Ninth Circuit mootness order.
Who it affects
The order concerned companies entering covered federal contracts and the employees working on those contracts under implementing guidance. Contracting agencies had to decide when to insert the required clause. It did not govern every private employer, and it was separate from the order for federal civil servants, the OSHA rule for large employers and the CMS rule for participating healthcare facilities.
What the contractor order required
EO 14042, signed September 9, 2021, sought COVID-19 safeguards in federal procurement. It directed contracting agencies to include a clause requiring contractors and subcontractors to follow Safer Federal Workforce Task Force guidance in covered contracts. The President cited the Federal Property and Administrative Services Act and the government's interest in economy and efficiency when buying goods and services. The order did not itself provide a single universal vaccination deadline for every private employee. Coverage and timing depended on the clause, OMB's approval of the guidance, contract terms and later changes.
Task-force guidance addressed vaccination, masking and physical distancing at covered contractor workplaces. Lawful accommodation questions were handled under other legal requirements. For a historical contract, the exact clause and dates are more useful than a shorthand claim that all contractors were required to vaccinate. The signed order and then-applicable task-force guidance must be read together.
Court challenges and injunctions
States and contractors challenged the order, raising questions about the scope of the President's procurement authority and the relationship between federal contract conditions and public-health policy. A Georgia federal district court issued a preliminary injunction in December 2021. Other cases produced their own injunctions. Courts of appeals then considered the legal arguments and the permissible reach of particular injunctions. An interim block on enforcement is not a final determination that every provision of the order was invalid everywhere.
The Fifth Circuit's Louisiana v. Biden opinion is a direct court record for one appeal. The Eleventh Circuit also addressed the Georgia injunction in 2022. These proceedings concerned federal contracting, not a direct challenge to a nationwide statute requiring vaccination of all adults. The agency's practical ability to apply a clause during litigation could differ by jurisdiction and time. That is why the timeline below records stages rather than presenting a single uninterrupted enforcement period.
Revocation in May 2023
EO 14099, signed May 9, 2023 and effective May 12, expressly revoked EO 14042. It directed agencies to cease enforcing policies adopted to implement the order, insofar as those policies were premised on it, and to rescind them consistent with applicable law. This later presidential action provides the current order-level answer, regardless of the earlier disputes over injunction scope. It did not cancel every possible workplace health rule or resolve every contract-specific question.
How this differed from the other COVID rules
EO 14043 addressed employees of federal agencies directly and was revoked by the same later order. OSHA's emergency standard addressed large private employers through the Occupational Safety and Health Act; the Supreme Court stayed it in January 2022. CMS's healthcare facility rule relied on Medicare and Medicaid participation requirements; the Supreme Court permitted it to take effect in a separate decision that day. These outcomes do not transfer automatically between different statutes and regulated groups.
What the status means now
“No” above refers to EO 14042 itself. It does not establish whether a particular company maintained a voluntary vaccination policy, what a now-expired contract required at a past date or the outcome of a worker's accommodation request. Consult the signed text, the revocation, applicable contract terms and any controlling case record for a concrete dispute. This guide was checked on September 26, 2026.
Who had to do what
| Agency or official | Direction | Timing |
|---|---|---|
| Safer Federal Workforce Task Force | Issue guidance defining covered terms, required workplace protocols and exceptions. | By September 24, 2021. Section 2(b). |
| OMB Director | Determine whether the guidance promotes contracting economy and efficiency, approve it, and publish the determination in the Federal Register. | Before publication of the initial or new guidance. Section 2(a), 2(c). |
| Federal Acquisition Regulatory Council | Amend the FAR for the safety clause and initially recommend agency deviation authority for its use. | Initial implementation steps by October 8, 2021; the order gives no separate final-FAR deadline. Section 3(a). |
| Covered contracting agencies | Include the safety clause in covered agreements; take lawful steps for covered agreements outside the FAR. | Non-FAR steps by October 8, 2021; applicability generally begins October 15, 2021, consistent with the relevant implementing action and section 6 exceptions. Section 2(a), 3(b), 6. |
| Contractors and subcontractors | Comply with approved guidance at covered workplaces and incorporate the clause into covered lower-tier subcontracts. | For the duration of a covered contract; particular vaccination deadlines came from guidance, not one universal deadline in the signed order. Section 2(a), 6. |
Original signed assignments. These are historical requirements, not current duties under the revoked order or findings that every agency complied.
What happened next
EO 14042 signed; implementation required task-force guidance, OMB approval and contracting action. Official source.
CAAC Letter 2021-03 authorized agency class deviations to implement the order. Official source.
Energy circulated its class deviation and the council's clause text. Official source.
The Eleventh Circuit upheld preliminary relief in Georgia but narrowed its nationwide reach. Official source.
The Fifth Circuit affirmed the plaintiff-state preliminary injunction in Louisiana v. Biden. Official source.
EO 14099 signed, expressly revoking EO 14042 with a later effective date. Official source.
The revocation and direction to end policies premised on EO 14042 took effect at 12:01 a.m. EDT. Official source.
The Ninth Circuit vacated its April Mayes opinion as moot, dismissed the appeal and remanded specified contractor-mandate claims. Official source.
Common questions
Is the federal contractor vaccine order still in force?
No. President Biden signed EO 14099 on May 9, 2023, revoking EO 14042 effective May 12. It also instructed agencies to stop enforcing and rescind policies based on the revoked order, consistent with law. A separate contract term or workplace policy needs its own current legal basis; this page does not decide an individual employment dispute.
Did the order cover all contractors?
No. It directed agencies to use a safety clause in specified federal contracts and required implementation through task-force guidance and an OMB determination. Coverage depended on the contract category, clause and then-applicable guidance. It was not a general instruction to every private company or every worker in the United States.
Did the Supreme Court's OSHA ruling decide this contractor order?
No. In January 2022 the Supreme Court stayed OSHA's large-employer emergency vaccination-or-testing standard in NFIB v. OSHA. That standard rested on OSHA's workplace-safety statute. EO 14042 invoked federal procurement authority and was litigated separately. The Court's healthcare-worker decision concerned CMS authority for participating facilities, another distinct measure.
What happened in the contractor litigation?
Federal district courts issued preliminary injunctions against enforcement, and appellate courts reviewed the scope and legal authority. Those interim rulings matter to the history, but a preliminary injunction is not the same as a final judgment on every claim. The subsequent express revocation in EO 14099 supplies the clear answer about the order's current force.
Court status
See the court documents in Sources by type.
Legal and source detail
How it works legally
The Federal Property and Administrative Services Act, procurement law, contract terms, the APA and constitutional limits governed the mandate. Litigation produced injunctions and differing appellate reasoning before revocation mooted or narrowed many disputes.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- Fifth Circuit — Louisiana v. Biden (opens in a new tab) Official record
- Supreme Court — NFIB v. OSHA (opens in a new tab) Court record
- Signed EO 14042, September 9, 2021
- EO 14099, signed May 9, 2023
- GSA Acquisition.gov issuance of CAAC Letter 2021-03
- DOE PF 2022-01, October 1, 2021
- Georgia v. President of the United States, No. 21-14269, August 26, 2022
- Louisiana v. Biden, No. 22-30019, December 19, 2022
- Mayes v. Biden, No. 22-15518, December 28, 2023
How we checked this
Last checked against the sources above on October 16, 2026. How we research →