Construction & Public Contracts Group, Hinckley Allen, LLP
Lisa A. Zaccardelli Partner
Thomas J. Pagliarini Julianna Malogolowkin Associate Associate
Federal Vaccine Mandates Under Biden’s COVID-19 Action Plan On September 9, 2021, President Biden announced a broad COVID-19 Action Plan entitled “Path out of the Pandemic.” The Action Plan included two Executive Orders requiring most federal government employees and federal contractors to implement vaccine mandates and indicated that additional vaccine mandates will be required for large private employers and healthcare entities receiving certain federal funds. The focus of this article is on the requirements for federal contractors and large employers.
Federal Contractors “Covered” contractors are required to have their employees fully vaccinated by December 8, 2021. Contractors are considered “covered” contractors if they are a prime contractor or any tier subcontractor on the following types of federal contracts: •
procurement contracts for services, construction, or leasehold interests in real property;
•
contracts covered by the Service Contract Act;
•
concession contracts; and
•
contracts entered into with the federal government in connection with federal property or land and which relate to offering services to federal employees, their dependents, or the general public.
“Fully vaccinated” means at least two weeks have passed since the individual has received the required amount of doses of the particular vaccine (e.g., 1 dose for J&J; 2 doses for Pfizer/Moderna). Given the December 8, 2021 deadline, this means covered contractor employees must receive their last dose no later than November 24, 2021. Clerical and office staff personnel (e.g., human resources, billing) may be viewed as performing work “in connection with” a covered contract. Additionally, even employees who work remotely are required to be fully OCTOBER, 2021
vaccinated if they perform work on or in connection with a covered contract.
Required Clause Per Executive Order 14042, agencies are required to include a clause in covered contracts that the contractor and subcontractors of any tier will comply with guidance from the Safer Federal Workforce Task Force (the “Task Force”), which addresses mandatory COVID-19 vaccination and other COVID-19 compliance issues. Agencies must implement the requirement: • For new contracts awarded on or after November 14: • For new solicitations issued on or after October 15; • For existing contracts, upon any extension or renewal and orders awarded, or options and orders exercised on or after October 15. The required clause was published by the Federal Acquisition Regulatory Council on September 30, 2021, and is available at the following: https://www.whitehouse.gov/wp-content/uploads/2021/09/FAR-CouncilGuidance-on-Agency-Issuance-of-Deviations-to-Implement-EO-14042.pdf The Task Force guidance encourages agencies to incorporate similar requirements into non-covered contracts and agreements with non-covered contractors, continued on page 23
“BUY FROM THE ADVERTISERS IN CONSTRUCTION OUTLOOK”
21
