The Federal government released guidance on the President’s executive order requiring certain federal contractors and subcontractor employees to be vaccinated. Under the mandate, covered contractors must ensure that all covered contractor employees (including remote employees) are fully vaccinated for COVID-19 unless the employee is legally entitled to a medical or religious accommodation. Covered contractor employees must be fully vaccinated no later than December 8, 2021. After that date, all covered contractor 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.
Below are some important excerpts from the guidance:
Covered Contracts
Contracts or Contract-like Instruments that are performed in whole or in part in the United States and are a:
- Procurement contract for construction covered by the Davis Bacon Act (DBA), services, construction, or a leasehold interest in real property;
- Contract for services under the Service Contract Act (SCA);
- Concessions contract under the SCA; or
- 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.
A covered contractor employee is defined as any full-time or part-time employee of a covered contractor working on or in connection with a covered contract or working at a covered contractor workplace. This includes employees of covered contractors who are not themselves working on or in connection with a covered contract.
Effective Dates
The guidance provides a phased approach for covered contracts as follows:
- Contracts awarded prior to October 15 where performance is ongoing – the requirements must be incorporated at the point at which an option is exercised or an extension is made.
- New contracts – the requirements must be incorporated into contracts awarded on or after November 14. Between October 15 and November 14, agencies must include the clause in the solicitation and are encouraged to include the clause in contracts awarded during this time period but are not required to do so unless the solicitation for such contract was issued on or after October 15.
Proof of Vaccination
Covered contractors must require covered contractor employees to show or provide one of the following as proof of vaccination:
- a copy of the record of immunization from a health care provider or pharmacy;
- a copy of the CDC COVID-19 Vaccination Record Card;
- a copy of medical records documenting the vaccination;
- a copy of immunization records from a public health or State immunization information system; or
- a copy of any other official documentation verifying vaccination with information on the vaccine name, date(s) of administration, and the name of health care professional or clinic site administering vaccine.
Covered contractors may allow covered contractor employees to show or provide a digital copy of these records, including, for example, a digital photograph, scanned image, or PDF.
Additional Workplace Safety Requirements
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.
- In areas of high or substantial community transmission, fully vaccinated people must wear a mask in indoor settings, with limited exceptions.
- In areas of low or moderate community transmission, fully vaccinated people do not need to wear a mask. Note: where state/local laws conflict with this guidance, we recommend following the stricter requirement.
- Fully vaccinated individuals do not need to physically distance regardless of the level of transmission in the area. Note: where state/local laws conflict with this guidance, we recommend following the stricter requirement.
- Individuals who are not fully vaccinated must wear a mask indoors and in certain outdoor settings (see below) regardless of the level of community transmission in the area. To the extent practicable, individuals who are not fully vaccinated should maintain a distance of at least six feet from others at all times, including in offices, conference rooms, and all other communal and workspaces.
- Covered contractors must check the CDC COVID-19 Data Tracker County View website for community transmission information in all areas where they have a covered contractor workplace at least weekly to determine proper workplace safety protocols.
Covered contractors must require individuals in covered contractor workplaces who are required to wear a mask to:
- Wear appropriate masks consistently and correctly (over mouth and nose).
- Wear appropriate masks in any common areas or shared workspaces (including open floorplan office space, cubicle embankments, and conference rooms).
- For individuals who are not fully vaccinated, wear a mask in crowded outdoor settings or during outdoor activities that involve sustained close contact with other people who are not fully vaccinated, consistent with CDC guidance.
Administration
- Covered contractors must designate a person or persons to coordinate implementation and compliance with this guidance at covered contractor workplaces, including compliance with vaccination documentation requirements.
- The designated individual (or individuals) also must ensure that information related to the guidance and safety standards is communicated to all covered employees in a readily understandable manner. The individual(s) must also ensure that appropriate signage is displayed informing visitors or other individuals at a covered contractor workplace about applicable safety requirements.
The government has created an FAQ site for Federal Contractors that can help answer questions: https://www.saferfederalworkforce.gov/faq/contractors/
Employers with questions regarding this mandate should consult their federal contract officer or business attorney for guidance.