Contractors prepare for vaccine rules

      On Sept. 9, President Joe Biden announced an Executive Order requiring federal contractors and subcontractors to adhere to the government’s upcoming guidance regarding vaccination and other protections against COVID-19.

      “If you want to do business with the federal government, vaccinate your workforce,” Biden said in a speech on Sept. 9 in releasing the order.

      While the Executive Order itself does not require vaccination for federal contractors, it states that vendors must follow the upcoming guidance from the Safer Federal Workforce Task Force anticipated by Sept. 24, which is expected to include a vaccination requirement.

      The task force on Sept. 13 said unvaccinated vendors may still enter federal facilities if they provide recent negative test results. The task force also issued a series of FAQs on testing and vaccination rules on Sept. 16.

      Once the task force’s COVID protection guidance is approved by the director of the Office of Management and Budget it is expected to go into effect as clauses within federal contracts--mostly services contracts--entered into on or after Oct. 15.

      The guidance will apply to contractors and subcontractors in federal facilities and contractor workplaces, along with those “in connection with” covered contracts, which is being viewed as likely applying to remote contract workers.

      The new requirements are expected to be much stronger than the administration’s safety protocols released on July 29, which required only verification of vaccination or testing for employees and on-site vendors.

      The FAR Council must take initial steps by Oct. 8, including preparing new contract clauses with the COVID rules.

      The clauses will apply to new contracts, extensions or renewals for:

• Services, construction and leasehold contracts;
• Contracts covered by the Service Contract Act;
• Concessions contracts; and
• Contracts offering services in connection with federal property or lands.

      The COVID clauses will not apply to contracts valued under the Simplified Acquisition Threshold; grants; Indian Tribe contracts; work outside the U.S.; or subcontracts solely for products or supplies.

More information:
Biden’s EO: https://bit.ly/3ED7jpN
Task Force’s Sept. 13 update: https://bit.ly/2XFKmSu
Task Force FAQs: https://bit.ly/3hTE9ZU

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