{"id":1170,"date":"2021-10-07T15:38:05","date_gmt":"2021-10-07T19:38:05","guid":{"rendered":"https:\/\/caloshadefensereport.com\/?p=1170"},"modified":"2026-03-15T16:51:50","modified_gmt":"2026-03-15T16:51:50","slug":"president-bidens-broad-covid-19-hard-vaccine-mandate-for-federal-contractors","status":"publish","type":"post","link":"https:\/\/www.connmaciel.com\/calosha-defense-report\/president-bidens-broad-covid-19-hard-vaccine-mandate-for-federal-contractors\/","title":{"rendered":"President Biden\u2019s Broad COVID-19 \u201cHard\u201d Vaccine-Mandate for Federal Contractors"},"content":{"rendered":"

By\u00a0<\/em>Conn Maciel Carey\u2019s COVID-19 Task Force<\/em><\/a><\/strong><\/p>\n

While we have been mostly focused on the September 9th<\/sup>\u00a0directive from President Biden to fed OSHA to issue a COVID-19 vaccination \/ testing emergency temporary standard, that was hardly the only major move the Administration announced on the vaccine-mandate front.\u00a0 This update will focus on federal contractors \u2013 companies that provide services to the federal government through direct contracts with federal agencies and through subcontracts in support of federal contracts.<\/p>\n

\"\"<\/a>On the same day last month that Pres. Biden\u00a0announced the OSHA \u201csoft\u201d vaccine mandate for private employers that serve only private customers<\/a>, he also issued an\u00a0executive order (EO) setting three new requirements for federal contractors<\/a>\u00a0at all tiers:<\/p>\n

    \n
  1. Setting a \u201chard\u201d vaccine mandate \u2013 \u201cCovered Contractor Employees\u201d must be fully vaccinated by December 8, 2021 (and thereafter before starting to work on any federal contract);<\/li>\n
  2. Designating a COVID-19 safety coordinator to communicate requirements to employees and non-employees at your \u201cCovered Contractor Workplaces\u201d; and<\/li>\n
  3. Ensuring all individuals at a \u201cCovered Contractor Workplace\u201d comply with CDC masking and distancing guidance.<\/li>\n
  4. <\/li>\n<\/ol>\n

    For months now, since January 2021, contractors and subcontractors working in-person on federal property have already been required to provide a self-certification that they were fully vaccinated OR had received a recent negative COVID-19 test.\u00a0 (See<\/em>\u00a0EO 13991 \u2013 \u201cProtecting the Federal Workforce and Requiring Mask-Wearing\u201d<\/a>). \u00a0The new EO for federal contractors eliminates the \u201ctesting-out option\u201d and expands the mandate beyond just federal properties to also cover private workplaces, or really any place at all, where an individual is working in support of a covered federal contract.<\/p>\n

    Only those unvaccinated employees who are \u201clegally entitled to an accommodation\u201d for medical or religious reasons may continue to be employed to work on federal contracts.\u00a0 There are no exceptions for people who previously were infected and recovered. \u00a0Anti-body tests are not acceptable to prove vaccination status.\u00a0 Under limited special circumstances involving an \u201curgent, mission critical need\u201d, a federal agency may allow certain individuals who are not fully vaccinated to continue working for only up to 60 days from beginning the work on a covered contract or in a covered workplace.<\/p>\n

    Another development of this federal contractor mandate is that employers must review covered employees\u2019 official documentation to verify vaccination status (i.e., the white card or an official record from a health department database), and self-attestation is not an acceptable substitute.<\/p>\n

    Who is covered by the various requirements of the EO?<\/u><\/strong><\/span><\/p>\n

    Covered Contractor Employees include full- or part- time employees of a covered contractor (i.e., a prime contractor or subcontractor at any tier that is party to a covered contract) working on or in connection with a covered contract, or working at a covered contractor workplace. \u00a0Covered contracts are those contracts and contract-like instruments entered into anew on or after November 14th<\/sup>, as well as existing contracts for which an option is exercised or an extension or amendment is made after that time.\u00a0 The contracts must be valued at $250,000 or more and must not be solely for the provision of goods\/products.<\/p>\n

    Work \u201con a covered contract\u201d includes employees performing service directly called for by a covered contract from any US location, including their own homes, even if the employee never works at a covered contractor workplace.\u00a0 Work \u201cin connection w\/ a covered contract\u201d includes employees with duties necessary to the performance of the covered contract, but who are not directly engaged in performing the specific work called for by the covered contract; e.g., HR, billing, legal review, etc.<\/p>\n

    A covered contractor workplace is a location controlled by a covered contractor at which any employee of a covered contractor working on or in connection with a covered contract is likely to be present during the period of performance for a covered contract.\u00a0 And here is where the scope of the EO really balloons \u2013 covered contractor employees includes all employees working in that covered contractor workplace, even if the employees do no work on or in connection with a covered contract, so long as there is any potential to \u201cmix\u201d with employees who do work on or in connection with a federal contract.\u00a0 Mixing includes any potential to come into contact with each other anywhere at the covered contractor workplace, such as in a common building lobby or restrooms.<\/p>\n

    In short, anyone working in the US where work is performed for the federal government is covered by the vaccine mandate aspect of the EO, including individuals working remotely from their private residences. \u00a0This includes federal government buildings and federally owned property (anywhere the federal government conducts official business), as well as all private entity locations owned, leased or operated where work on a federal contractor is performed. \u00a0 This includes outdoor workplaces, as well.<\/p>\n

    What has happened since the EO issued?<\/u><\/strong><\/p>\n

    Over the three weeks since the President issued the new EO on September 9th<\/sup>, the President\u2019s COVID-19 Task Force has issued guidance about how that EO will be implemented,\"\"<\/a>\u00a0the Federal Acquisition Regulatory Council announced that it will undertake a formal notice-and-comment rulemaking to amend the FAR to implement the EO, and the FAR Council released the contract term that will be incorporated into covered federal contracts. \u00a0Specifically:<\/p>\n