Guidance Issued on Executive Order Requiring Federal Contractors to Mandate the COVID-19 Vaccine

On September 9th, President Biden announced an Executive Order requiring all eligible contractors and subcontractors to mandate COVID-19 vaccines without the option for weekly testing, except for religious and medical exemptions.  On September 24th, the Safer Federal Workforce Task Force issued guidance regarding this mandate. Please access the linked guidance for what constitutes a contract, contract-like instrument, and contractor.

The guidance states that covered federal contractors must:

1. Ensure that all covered contractor employees are fully vaccinated for COVID-19, unless the employee is legally entitled to an accommodation.
   1. This must happen by December 8, 2021.
   2. Covered contractors must keep documentation to prove vaccination status. Employees may show either a hard or digital copy of their vaccination card.
2. Ensure that all individuals, including covered contractor employees and visitors, comply with published CDC guidance for masking and physical distancing at a covered contractor workplace.
   1. Fully vaccinated individuals:
      1. Must wear a mask indoors in areas of high or substantial community transmission.
      2. Do not need to wear a mask in areas of low or moderate community transmission.
      3. Do not need to physically distance regardless of the level of transmission in the area.
   2. Unvaccinated individuals:
      1. Must wear a mask indoors and in certain outdoor settings (see below) regardless of the level of transmission in the area.
      2. Should maintain physical distance of at least six feet from others at all times.
   3. Note: When the CDC and Oregon law differs, individuals must follow the most protective mask guidance. Currently, Oregon mandates masks for all indoor work settings for vaccinated and unvaccinated individuals.
3. Designate a person(s) to coordinate implementation of and compliance with this guidance and workplace protocols.
   1. The designated person or persons may be the same individual(s) responsible for implementing any additional COVID-19 workplace safety protocols required by local, Oregon, or Federal law, and their responsibilities to coordinate COVID-19 workplace safety protocols may comprise some or all of their regular duties.

Here is additional guidance provided in the Frequently Asked Questions section:

1. Covered contractor employees who have had COVID-19 still are required to be vaccinated.
2. Employees who work from home still must comply with the COVID-19 vaccination requirement even if the employee never works at either a covered contractor workplace or Federal workplace during the performance of the contract.
3. For contracts awarded prior to October 15 where performance is ongoing, contractors must incorporate the requirements of this guidance when an option is exercised or an extension is made.
4. For new contracts, the requirements must be incorporated into contracts awarded on or after November 14, 2021.
5. Between October 15 and November 14, agencies must include the clause in the solicitation and are encouraged to include the clause in contracts awarded during this time period but are not required to do so unless the solicitation for such contract was issued on or after October 15.
6. The requirements in the mandate apply to subcontractors at all tiers, except for subcontracts solely for the provision of products.

Please don’t hesitate to reach out if you have any questions.