FAQs on Updates to COVID Vaccine Guidance for Federal Contractors

The Safer Federal Workforce Task Force Issued a COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors on September 24, 2021, addressing who is covered, timelines, and other questions.  

Whom does this guidance apply to?

The Task Force guidance has defined covered contracts, contractors, and contractor employees.

• • • Covered contracts are any contract-like instrument that includes the clause described in Section 2(a) of the Executive order.
    • Covered Contractors means a prime contractor or subcontractor at any tier who is a party to a covered contract.
    • Covered contractor employee is any full-time or part-time employee of a covered contractor (or subcontractor) working on or in connection with a covered contract at a covered contractor workplace. This includes employees of covered contractors who are not themselves working on or in connection with a covered contract.

The Executive Order states that this applies to all new contracts, new contract-like instruments, new solicitation for contracts, extension or renewal of an existing contract, and exercise of an option on an existing contract. Contracts for services, construction, or a leasehold interest in real property are also included. Additionally, contracts covered by the Service Contract Act, contracts for concessions, and contracts in connection with the Federal Government, Federal property, or offering services to Federal employees.

This order does not apply to Grants, Contracts with Indian Tribes, contracts or subcontracts of a value equal to or less than the simplified acquisition threshold, as that term is defined in section 2.101 of the Federal Acquisition Regulation; (https://www.acquisition.gov/far/2.101). It also does not apply to employees who work outside of US, or subcontracts solely for the provision of products.

Will masks and social distancing still be required?

Covered contractors should ensure that all employees and visitors comply with the CDC guidance for masking and physical distancing at the workplace.

What is the timeline for implementation?

The Federal Acquisition Regulation is being amended to implement this policy, which will go into effect October 8, 2021. Covered contracts employees must be fully vaccinated no later than December 8, 2021 unless they have been given accommodation for medical conditions or religious beliefs.

What are the acceptable vaccination documentation is that will substantiate proof of vaccination?

Acceptable documents include Immunization records, COVID-19 Vaccination Record Card, copy of medical records documenting vaccine, or other official document showing vaccine name, date, and healthcare clinic or professional that administered it. These documents can be provided digitally.

Are remote workers working from home covered under this order?

Covered contractor employees working from their home must comply with the vaccination requirement, even if the employee never works at either a covered contractor workplace or Federal workplace during the performance of the contract. However, their residence is not a covered contractor workplace, so while in the residence, the individual need not comply with requirements for covered contractor workplaces, including those related to masking and physical distancing.

Coley GCS is here to help you navigate all updates to your contracting vehicles. If you have more questions about how this applies to your contract or future contract, please contact us at hello@coleygsa.com, by phone at 210.402.6766 or schedule a call at your convenience.