COVID-19 workplace safety protocols for Federal contractors and subcontractors.

This is a Special Notice to all Department of Health and Human Services (HHS) contractors and visitors to HHS buildings and federal facilities. The Department of Health and Human Services (HHS) has updated its current operating procedures to align with the latest guidance issued under president Biden’s COVID-19 Action Plan: Path Out Of The Pandemic (The Plan), Executive Order (EO) 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors, signed by President Biden on September 9, 2021. Additionally, on September 24, 2021, the Safer Federal Workforce Task Force released new guidance on COVID-19 workplace safety protocols for Federal contractors and subcontractors. https://www.saferfederalworkforce.gov/new/ Contractors should also refer to the Safer Workforce Task Force guidance for definitions, specifically those of “covered contracts” and “covered contractor employees”. Update on HHS Workplace Safety Protocols for Federal Contractors and Subcontractors Federal contractors and subcontractors with a covered contract and contract-like instrument will be required to conform to the following workplace safety protocols: COVID-19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation; Compliance by individuals, including covered contractor employees and visitors, with the guidance related to masking and physical distancing while in covered contractor workplaces; and Designation by covered contractors of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Vaccination of Covered Contractor Employees Covered contractors must ensure that all of their covered employees are fully vaccinated for COVID-19 unless the employee is legally entitled to an accommodation. Covered contractor employees must be fully vaccinated no later than December 8, 2021 . After that date, all covered contractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract. Contractor employees working on a covered contract from their residence also must comply with the vaccination requirement for covered contractor employees. Masking and Physical Distancing While in Covered Contractor Workplaces Covered contractors must ensure that all individuals, including covered contractor employees and visitors, comply with published CDC guidance for masking and physical distancing at a covered contractor workplace. COVID-19 Coordinator Designation Covered contractors must designate a person or persons to coordinate implementation of and compliance with these workplace safety protocols at covered contractor workplaces. Next Steps By October 8, 2021, the Federal Acquisition Regulatory Council (FAR Council) will issue guidance for agencies to add a clause related to these COVID-19 workplace safety protocols to covered Federal procurement solicitations and contracts subject to the Federal Acquisition Regulation (FAR). As of October 15, HHS will begin the process of modifying our entire portfolio of applicable contracts and contract-like instruments to incorporate a clause requiring compliance with this guidance. HHS contractors are hereby notified, by October 15th and consistent with applicable law, this clause may be incorporated into contracts, contract-like instruments, contracts that are not covered or directly addressed by the order because the contract is under the Simplified Acquisition Threshold (as defined in section 2.101 of the FAR) or is a contract or subcontract for the manufacturing of products, or has been designated as a mission critical contract by the agency that requires inclusion of the clause as soon as possible.. Contractor staff should contact their employer for guidance and any questions regarding compliance with this Special Notice. The success of the HHS mission is contingent upon the collaboration and support of our industry partners and we appreciate your continued dedication to ensuring that HHS can deliver services that enhance the health and well-being of all Americans in these extraordinary times. Additional guidance will be provided as it becomes available.