![]() (5) subcontracts solely to provide products. (4) employees performing work outside of the United States, or (3) contracts for less than the “simplified acquisition threshold” as defined in Federal Acquisition Regulation 2.101 (generally defined as contracts for less than $250,000, with some exceptions), ![]() (2) contracts or agreements under the Indian Self-Determination and Education Assistance Act, Like the recently promulgated Minimum Wage Executive Order, the Contractor Order will not apply to: (d) contracts entered into with the federal government in connection with federal property or lands and related to offering services for federal employees, dependents, or the general public. (c) contracts for concessions (including concessions contracts otherwise excluded by Department of Labor regulations) or (b) contracts for services covered by Service Contract Act (a) procurement contracts for services, construction, or leasehold interests in real property The kinds of contracts included within the scope of the Contractor Order are: While the “contract clause” requirements begin October 15, 2021, the Contractor Order makes clear that “agencies are strongly encouraged, to the extent permitted by law” to include the “contract clause” or otherwise contractually require contractor compliance with COVID-19 protocols prior to the October 15th date. (4) the exercise of options for existing contracts. (3) new extensions or renewals of contracts, and (1) all new contracts or contract-like instruments (with those terms being defined in the Department of Labor’s implementing proposed regulations on “Increasing the Minimum Wage for Federal Contractors” (86 Fed. Specifically, the “contract clause” shall apply, starting Octoto: The coverage and scope of the new “contract clause” will be similar to that called for in the Biden Administration’s ApExecutive Order on Increasing the Minimum Wage for Federal Contractors. ![]() Hence, it will be by contract – and not by direct regulation – that federal contractors and their subcontractors of all tiers will be responsible for complying with new COVID-19 protocols to be developed by the Task Force no later than September 24, 2021. The Contractor Order expressly directs that a new “contract clause”, to be created by the Federal Acquisition Regulatory Council, will be inserted into federal contracts requiring contractors and subcontractors, for the duration of the contract, to comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (“Task Force”). President Biden also issued a second Executive Order, Executive Order on Ensuring Adequate Covid Safety Protocols for Federal Contractors (“Contractor Order”), which likely will require vaccinations for federal contractors and subcontractors. ![]() Thus far, the only available information regarding exceptions to the Federal Employee Order is that the mandate is subject to “any exception that is required by law.”Įxecutive Order Mandating Vaccination of Federal Contractors and Subcontractors The Safer Federal Workforce Task Force (“Task Force”), which was established by Executive Order 13991, will issue guidance regarding the vaccination mandate by September 16, 2021. The first Executive Order, Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees (the “Federal Employee Order”), requires federal employees to be vaccinated against the novel coronavirus and mandates that all federal agencies implement a COVID-19 vaccination requirement program. ![]() On September 9, 2021, President Biden held a press conference introducing the administration’s “Plan to Stop the Delta Variant and Boost COVID-19 Vaccinations.” At this conference, the President announced a pair of executive orders that mandate COVID-19 vaccinations for (1) employees of the executive branch of the federal government and (2) employees of federal contractors and subcontractors, and also announced a forthcoming Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) regarding vaccinations and/or routine testing for employers with more than 100 employees.Įxecutive Order Mandating Vaccination of Federal Employees ![]()
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