The guidelines revealed that people are considered fully vaccinated against COVID-19 two weeks after receiving the second dose in a two-dose series, or two weeks after receiving a single-dose vaccine. In other words, employees of federal contractors must have received the second doses of the Pfizer or Moderna vaccines or one dose of the Johnson & Johnson vaccine by January 4, 2022. Overview of workplace safety protocols for federal contractors and subcontractors No, mandatory COVID-19 vaccination and other safety requirements will be introduced in stages through insertions of contractual clauses in federal master contracts. According to the guidelines, the Federal Procurement Regulatory Council will issue guidelines for organizations by 8 October 2021, starting on 15 October 2021. October to add a clause relating to these COVID-19 workplace safety protocols to covered federal tenders and contracts that are subject to far. In addition, he noted that the Executive Order on the Vaccination Mandate for Federal Contractors applies to new contracts, new contract applications, contract renewals or renewals and the exercise of an option on an existing contract if the agreement: Covered Contracts: The Executive Order ordered executive departments, agencies and independent entities to ensure that covered contracts and instruments similar to contracts include a clause. that the Contractor and all subcontractors will be included in all subordinate subcontracts that require the Contractor`s employees to be fully vaccinated against COVID-19. The guidelines make it clear that the Order applies to a broad category of contracts and applies to all levels of subcontracting. Wage Determinations OnLine provides a single place where federal contractors can obtain the appropriate wage provisions from the SCA and Davis-Bacon Act (DBA) for any formal contracting law. The site is also open to the general public. Instructions on how to select salary determinations can be found on this website in the Online User Manual for Salary Determinations. This website provides step-by-step instructions on how to comply with CAS requirements.
See Compliance under the Service Contracts Act. Federal contractors and subcontractors with a covered contract must comply with the following workplace safety protocols: Covered contractors are required to check the CDC COVID-19 Data Tracker County View website at least once a week for information on community transmission in all areas where they have a “covered contractor workplace” to determine the correct workplace safety protocols. The guidelines require that affected employees of contractors be fully vaccinated by December 8, 2021, except in cases where an employee is legally entitled to religious or disabled accommodations. After that date, all relevant employees of the Contractor must be fully vaccinated no later than the first day of the period of performance of a newly awarded contract or an option exercised, extended or renewed of an existing contract where the clause is included in the covered contract. Employees are considered fully vaccinated two weeks after receiving their second dose in a two-dose series or after receiving a single-dose vaccine. Note that this definition may change if CDC guidelines are revised. This is an important qualification because the CDC is currently examining whether and when vaccination boosters are needed. Visitors to the workplace must also comply with the minimum requirements of the guidelines regarding mask wearing and physical distancing in the contractor`s covered workplaces. Registered contractors must designate one or more individuals to coordinate the implementation and adherence to these workplace safety protocols at the registered contractors` workplaces. Your responsibility to coordinate COVID-19 workplace safety protocols may include some or all of their regular duties.
In addition, the guide states that work performed “in connection with” a covered contract “includes employees performing the tasks necessary for the performance of the covered contract, but are not directly involved in the performance of the specific work required in the covered contract, such as . B human resources, invoicing and legal review”. “A covered contractor may be required to accommodate employees of the affected contractor who notify the affected contractor that they cannot wear a mask because of a disability that would include medical conditions or because of a sincere religious belief, practice or conformity. A covered contractor should review and consider the accommodations, if any, that they must provide,” the guide reads. Affected contractors are required to designate one or more persons to coordinate the implementation and compliance with the guidelines. These officers must ensure that employees receive information about workplace safety protocols related to COVID-19, including the transmission of this information by email, website, memos, pamphlets, signage, etc. The Order in Council and guidelines are silent on how the government intends to enforce these requirements. However, default options for contract performance, such as mandatory FAR disclosure, contract reviews, investigations, claims, termination, and references to exclusion or suspension, remain potential weapons in the government`s law enforcement arsenal. Leigh Nason, an attorney with Ogletree Deakins in Columbia, S.C, said subcontractors and contractors with product manufacturing contracts and those with service contracts with non-executive agencies and departments are not subject to the vaccine policy. The Working Group published comprehensive definitions for covered contractors, covered contractors and covered contractual workplaces, in accordance with the guidelines. Insured Contractor means any full-time or part-time employee of a covered contractor who works on or in connection with a covered contract or works on a protected contractor. This includes employees of covered subcontractors who do not work on or in connection with a covered contract themselves, but not employees of contractors who work only outside the United States or its remote areas.
Covered Contractors` workplaces are sites controlled by a Covered Contractor where any employee of a Covered Contractor working on or in connection with a Covered Contractor is likely to be present during the performance period of a Covered Contractor. “A person who works on a covered contract from their place of residence is an insured contractor and must meet the vaccination requirement for insured contractors, even if the employee never works on a covered contractor or federal workplace during the performance of the contract. The residence of an insured contractor is not a covered contractor`s workplace, so during the residency, the person does not have to meet the requirements for the contractors` covered workplaces, including those related to mask wearing and physical distancing, even if working on a covered contract,” indicates the Working Group FAQ. Yes, “except in certain circumstances where an employee is legally entitled to accommodation.” According to the Guidelines: Covered Workplaces: The definition of a covered “workplace of a contractor or subcontractor” is a place where the employees of the covered contractor work. The workplace of a contractor or subcontractor does not include the “residence of an insured contractor”. However, employees who work from home under a covered contract are still considered insured contractors and must meet vaccination requirements, even if the employee never works at the covered contractor`s workplace or federal workplace. However, the employee who works remotely at his place of residence does not have to comply with the mask or distancing requirements in that residence. The McNamara-O`Hara Service Contract Act (SCA) covers major $2,500 contracts entered into by the federal government and the District of Columbia whose primary purpose is to provide services in the United States using service personnel. The definition of “service employee” includes any employee who provides services under a covered contract, with the exception of a bona fide employee of management, administration or the professional who meets the exemption criteria set out in article 29 C.F.R. § 541. Under the FCC, insured employers must pay applicable union wages and benefits at the site – as determined by the U.S. Department of Labor (DOL) in a wage determination – to workers, even if the workplace is not unionized.
The FCC removes some of the competitive advantage that non-unionized businesses have over unionized businesses. Do all insured contract employees need to be vaccinated against COVID-19? [Editor`s note: On December 7, a federal district court in Georgia blocked vaccine policy for federal contractors nationwide.] A “protected contractor workplace” is defined as “a place controlled by a covered contractor where 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 of a covered contract”. For example, covered workplaces may extend beyond parts of a building or campus where employees work directly “on or in conjunction with” a covered federal contract. According to the working group: The working group has established three new categories of requirements for covered contractors, including: Instead of providing details on covered contracts, the guide contains and adopts definitions under the “Minimum Wage Increase for Federal Contractors” rule proposed by the Department of Labour, 86 Fed. Reg. 38,816, 38,887 (July 22, 2021). Under this proposed rule, a contract “will contain an agreement between two or more parties that creates enforceable or otherwise legally recognizable obligations,” including “a mutually binding legal relationship that requires one party to provide services (including construction work) and pay for another party.” Identified types of agreements considered to be contracts or instruments treated as contracts include: procurement measures, leases, cooperation agreements, supplier agreements, intergovernmental service agreements, service agreements, licences, permits or any other type of agreement, regardless of nomenclature, nature or particular form and whether concluded orally or in writing. .