Executive Order on Vaccine Mandates for Federal Contractors – Guidance for Federal Contractors & Subcontractors
As you may know, on September 9, 2021, the Biden Administration issued an “Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors.”
This Executive Order requires all federal contractors and subcontractors to include a clause in all “contracts and contract-like instruments” specifying “that the contractor or subcontractor shall, for the duration of the contract, comply with all guidelines for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance or Guidance).”
On September 24, 2021, the Safer Federal Workforce Task Force issued guidance clarifying what is required by the September 9, 2021, Executive Order, including:
Any “contract or contract-like instrument” must include a clause requiring compliance with the Safer Federal Workforce Task Force guidance. So, to determine whether your business is covered, you must look to the definition of “contract or contract-like instrument.”
The Task Force Guidance refers to the definition of “contract and contract-like instrument” found in the Department of Labor’s proposed rule “Increasing the Minimum Wage for Federal Contractors,” 86 Fed. Reg. 38,816, 38,887 (July 22, 2021), which defines a contract or contract-like instrument as “an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.”
The definition of “contract” is to be interpreted broadly and includes:
The Executive Order’s requirements do not apply to subcontracts that are solely for the provision of products.
What do Contractors and Subcontractors Need to Do to Comply with the Executive Order on COVID Vaccine Mandates?Covered contractors and subcontractors are required to:
Covered contractors must review their employee’s documentation to determine whether each employee has been vaccinated, and must obtain one of the following forms of documentation from each employee:
Covered contractors can accept digital copies of vaccination records including photographs, pdfs, or scanned images of the vaccination documentation.
Covered contractors are encouraged to (but not required to) incorporate similar clauses into non-covered contracts and agreements with non-covered contractors whose employees perform work at covered contractors’ workplaces.
Compliance with Masking and Physical Distance GuidanceCovered contractors are required to ensure that all covered contractor employees and visitors comply with the CDC’s guidance for masking and physical distancing.
For fully vaccinated employees and visitors:
You can check the CDC COVID-19 Data Tracker County View website to determine the community transmission level for your area, and covered contractors should check at least once per week to determine the proper workplace safety protocols for their area.
Designation of a COVID-19 Coordinator at Covered Contractor WorkplacesCovered contractors are also required to designate one or more persons to ensure implementation of and compliance with the Department of Labor/ Safer Federal Workforce Task Force’s Guidance.
The designated coordinator must ensure that information on the workplace safety protocols including the masking and physical distancing requirements is communicated to covered contractor employees and visitors through:
Please feel free to contact one of our Murray Lobb attorneys to obtain our legal advice regarding your business’ COVID-19 vaccination policy or compliance with the September 9, 2021, Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors and the September 24, 2021, Safer Federal Workforce Task Force Guidance.
We also remain available to help you with all your general business, corporate, and estate planning needs.