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This afternoon, the Safer Federal Workforce Task Force issued its Guidance regarding COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (at all tiers), pursuant to President Biden’s September 9, 2020 Executive Order.  The 14-page Guidance addresses the following topics:

  • Vaccination requirement.  The Guidance mandates vaccinations, with exceptions only for those employees legally entitled to accommodations.  It does not offer a testing alternative.  Covered contractor employees must be fully vaccinated by December 8, 2021.
  • Other COVID safety requirements.  The Guidance also provides masking requirements for vaccinated and unvaccinated individuals in certain circumstances and requires contractors to designate a person or persons to coordinate COVID-19 safety efforts at covered contractor workplaces.
  • Proof of Vaccination.  Covered contractors must ensure employees are vaccinated by checking authorized vaccination records.  Attestations of vaccination are not acceptable substitutes.
  • Covered contracts. The Guidance confirms that all contracts and contract-like instruments for services (including contracts subject to the Service Contract Act and concession contracts exempted from the Service Contract Act), construction (including contracts covered by the Davis Bacon Act), leasehold interest in real property, and contracts in connection with Federal property or land and related to offering services for Federal employees, their dependents, or the general public are covered.  In addition to Executive Order 14042’s exclusion of subcontracts for products, the Guidance appears to also exempt contracts for products.  The requirements must be flowed down to all lower-tier subcontractors, to the point at which subcontract requirements are solely for the provision of products.
  • Workplace location.  The Guidance defines “workplace location” as a location where covered contract employees work, including both the contractor’s workplace (including outdoor workplaces) and the Federal workplace.  The Guidance further makes clear that the mandate applies to all workers at a covered workplace, regardless of whether those employees work on or in connection with the contract, unless the contractor can affirmatively determine that no covered contractor employees will come in any contact with non-covered employees anywhere on the premises, including in restrooms, meeting rooms, stairways, parking garages, etc.
  • Remote workers.  As to remote workers, the Guidance provides that even individuals working on a covered contract from their residence must comply with the vaccination requirements.  However, private residences are not covered contractor workplaces, so individuals need not comply with other requirements, such as masking and physical distancing.
  • Work “on or in connection with.”  The Guidance clarifies that work “on or in connection with” encompasses all duties necessary to the performance of the covered contract.  This includes work by employees who are not directly engaged in performing the specific work called for by the covered contract, such as human resources, billing, and legal review, perform work in connection with a Federal Government contract.
  • Non-covered contracts.   The Guidance also strongly encourages federal agencies to apply the vaccine mandate to non-covered contracts.  It is therefore possible that contractors that do not have covered contracts will likely see contract clauses imposing similar vaccine mandates.

Our team will cover all of these issues in detail in our webinar on Monday September 27 at 1:30 EDT.

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Photo of Peter J. Eyre Peter J. Eyre

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and…

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and has been named an Acritas Star, Acritas Stars Independently Rated Lawyers (2016, 2017, 2019). He is nationally ranked by Chambers USA in Government Contracts since 2014, and by Super Lawyers since 2017.

Photo of Thomas P. Gies Thomas P. Gies

Thomas P. Gies is a founding member of Crowell & Moring’s Labor & Employment Group. Tom has more than 35 years of experience in litigating employment disputes. Tom’s litigation experience includes five jury trials, two U.S. Supreme Court arguments, 18 federal appellate court…

Thomas P. Gies is a founding member of Crowell & Moring’s Labor & Employment Group. Tom has more than 35 years of experience in litigating employment disputes. Tom’s litigation experience includes five jury trials, two U.S. Supreme Court arguments, 18 federal appellate court arguments, and more than a hundred trial court and arbitration matters involving a wide range of labor and employment law issues, including traditional labor law, whistleblower retaliation, EEO claims and wage & hour class and collective actions. Tom also maintains an active compliance counseling practice, involving the full range of employment law issues facing U.S. employers. Tom’s traditional labor counseling practice has focused on helping companies develop and implement strategies in situations involving operational restructurings, facility closures, subcontracting of bargaining unit work, and work stoppages.

Photo of Kris D. Meade Kris D. Meade

Kris D. Meade is co-chair of Crowell & Moring’s Labor & Employment Group. He is also a member of the firm’s Management Board and Executive Committee. He counsels and represents employers in the full range of employment and traditional labor law matters, including…

Kris D. Meade is co-chair of Crowell & Moring’s Labor & Employment Group. He is also a member of the firm’s Management Board and Executive Committee. He counsels and represents employers in the full range of employment and traditional labor law matters, including individual and class action lawsuits filed under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, ERISA, and companion state statutes. Kris represents employers in connection with union organizing campaigns, collective bargaining, labor arbitrations, and unfair labor practice litigation. In 2020, Chambers USA recognized Kris as a leading labor and employment lawyer.

Photo of Michelle Coleman Michelle Coleman

Michelle D. Coleman is a counsel in the Government Contracts Group in Crowell & Moring’s Washington, D.C. office. Michelle advises clients from diverse industries in connection with contract disputes and other government contract matters, including Contract Disputes Act (CDA) claims and requests for…

Michelle D. Coleman is a counsel in the Government Contracts Group in Crowell & Moring’s Washington, D.C. office. Michelle advises clients from diverse industries in connection with contract disputes and other government contract matters, including Contract Disputes Act (CDA) claims and requests for equitable adjustments, fiscal law questions, prime-sub disputes, and bid protests.

Photo of Katie Erno Katie Erno

Katie Erno is a counsel in Crowell & Moring’s Labor & Employment Group. Katie represents companies in a wide range of complex commercial disputes, with a focus on employment litigation and counseling.

Specifically, Katie litigates a variety of wage and hour claims, class…

Katie Erno is a counsel in Crowell & Moring’s Labor & Employment Group. Katie represents companies in a wide range of complex commercial disputes, with a focus on employment litigation and counseling.

Specifically, Katie litigates a variety of wage and hour claims, class actions, discrimination and harassment claims, shareholder disputes, and issues related to corporate governance. She has deep experience in all stages of litigation, from drafting and challenging complaints, fact and expert discovery, drafting and arguing discovery and dispositive motions, trial, and appeals. Her cases range from single-plaintiff disputes to class actions and complex litigation involving large liability exposure in the context of high-profile bankruptcies. Katie enjoys learning the intricacies of her clients’ businesses and tailors her litigation approach with her clients’ ultimate business objectives in mind.