Task force releases vaccine guidance for federal contractors

As part of President Joe Biden's COVID-19 action plan, the Safer Federal Workforce Task Force recently issued vaccine guidance for federal contractors and subcontractors. Here is a summary of the scope and implementation of the guidance, which the Office of Management and Budget (OMB) has already approved.

Who's covered by vaccine mandate

President Biden's Executive Order (EO) applies to all procurement contracts or contract-like instruments for:

• Services, construction, or a leasehold interest in real property;
• Services covered by the Service Contract Act;
• Concessions; or
• Provision of services on federal property for federal employees, their dependents, or the general public.

Notably, the definition for "covered contracts" doesn't include contracts solely for the provision of products. The EO further exempts subcontracts of covered contracts that are solely for providing products as well as federal government grants.

Under the task force guidance, the COVID-19 vaccine requirements must be included in solicitations for covered contracts after October 15, 2021, and in all new covered contracts issued after November 14. For existing covered contracts, the clause must be incorporated whenever a contractual option is exercised or an extension is made.

Notably, the prime contractor must flow the COVID-19 vaccine clause down to first-tier subcontractors, and higher-tier subcontractors must flow the clause down to their subcontractors except when the subcontract is solely for providing products.