COVID-19 clauses in effect shortly

      The Safer Federal Workforce Task Force released its guidance on Sept. 24 on President Joe Biden’s Executive Order on COVID-19 safety protocols for federal contractors.

      The guidance sets requirements for safety protocols, including mandatory vaccinations, for federal contractor employees. There also are rules for workers in covered workplaces, including provisions for masking and social distancing. Certain accommodations and exceptions can be made.

      The requirements will be incorporated into clauses in covered contracts. The vaccination requirement will apply to employees at covered facilities as well as those working remotely.

      Under class deviations issued by defense and civilian authorities, contract clauses implementing the task force’s guidance are to go into effect starting Oct. 15, for extensions and options, and for all covered contracts on Nov. 14.

      The final deadline for vendor vaccinations against COVID-19 generally is Dec. 8.

      Covered contracts are all contracts above the Simplified Acquisition Threshold subject to the FAR.

      Agencies also were to have developed rules for non-FAR contracts, such as concession contracts, by Oct. 8.

      Here is a brief overview of the task force’s guidance:

• Who is covered? The guidance states that a covered contractor employee is “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.”

        The rules also apply to “subcontractors at all tiers, except for subcontracts solely for the provision of products.”

• What about working at home? For contractor employees authorized to work at home, they must follow the requirements for covered contract employees to become vaccinated; however, their home is not a covered workplace, so they need not follow the requirements for covered workplaces (i.e., masking and social distancing, etc.) while in their own residence.
• Do managers need to see proof of vaccination? Yes, the guidance states that covered contractors must review employees’ documentation on vaccination.
• What about masking and social distancing? The guidance says contractors must require that employees wear CDC-approved masks and socially distance in certain indoor settings in communities with high transmission rates.

More information:
Task Force guidance: https://bit.ly/2ZM4Qte
Class deviations: https://bit.ly/3BbZN31
and: https://bit.ly/3007tIh

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