Attachment 1 to COVID Clause 52.223-99 (Deviation).pdf

RFP 70Z03822RE0000005

Attachment 1 to FAR CLAUSE 52.223-99 (Deviation)

Applicability:

1) The clause is applicable to all onsite service contracts regardless of value and all offsite service contracts over

$250k.

Requirement:

1) All applicable solicitations issued on or after October 15:

a) Include the FAR Deviation and the additional information contained below.

2) All applicable new contracts and orders awarded on or after November 14th. This does not include orders issued under an ALC contract (see #3 below for current ALC contracts).

3) Current applicable ALC Contracts and orders.

Exclusions:

Contracting officers are encouraged, but are not required, to include the clause into the following:

1) Contracts that are not covered or directly addressed by the E.O. because the contract or subcontract is for the manufacturing of products.

The clause shall not be applied to:

1) Contracts and subcontracts with Indian Tribes under the Indian Self-Determination and Education Assistance Act

(Public Law 93-638) (the exclusion would not apply to a procurement contract or subcontract under the FAR to an Indian-owned or tribally-owned business entity);

2) Solicitations and contracts if performance is outside the United States or its outlying areas (the exclusion is limited to employees who are performing work outside the U.S. or its outlying areas).

Reporting Requirements:

1) The contractor company shall provide the vaccination status of employees to the KO as follows:

a) Current employees: on or before December 8th

b) New employees: no later than 5 business days prior to the new employees start date

Highlights of the Deviation and EO 14042:

Contractors are responsible to following the deviation and all applicable guidance including any future updates based on direction from the CDC and as warranted by public health conditions. The USCG is providing the following highlights for reference only. The highlights are pulled from the Safer Federal Workforce Task Force COVID-19 Workplace Safety:

Guidance for Federal Contractors and Subcontractors Issued September 24, 2021. Link: Guidance for Federal

Contractors and Subcontractors (saferfederalworkforce.gov):

1) Which contractors are affected by the deviation and EO? A contractor or subcontractor employee is present at a

Federal workplace, Federal contractors and subcontractors with a covered contract will be required to conform to the following workplace safety protocols.

a) COVID-19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation;

b) Compliance by individuals, including covered contractor employees and visitors, with the Guidance related to masking and physical distancing while in covered contractor workplaces;

c) Designation by covered contractors of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces.

2) Who is a covered contractor? Covered contractor employee – means any full-time or part-time employee of a covered contractor working on or in connection with a covered contract or working at a covered contractor workplace. This includes employees of covered contractors who are not themselves working on or in connection with a covered contract.

https://www.saferfederalworkforce.gov/downloads/Draft%20contractor%20guidance%20doc_20210922.pdf

RFP 70Z03822RE0000005

Attachment 1 to FAR CLAUSE 52.223-99 (Deviation)

3) What is a covered contractor workplace? Covered contractor workplace – means 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. A covered contractor workplace does not include a covered contractor employee’s residence.

4) Who is considered to be fully vaccinated? People are considered fully vaccinated for COVID-19 two weeks after they have received the second dose in a two-dose series, or two weeks after they have received a single-dose vaccine. There is currently no post-vaccination time limit on fully vaccinated status; should such a limit be determined by the Centers for Disease Control and Prevention, that limit will be considered by the Task Force and

OMB for possible updating of this Guidance.

5) Contractor company responsibility: Covered contractors are responsible for ensuring that covered contractor employees comply with the workplace safety protocols detailed in the Safer Federal Workforce Task Force

COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors Issued September 24, 2021.

Covered contractor employees must also comply with agency COVID-19 workplace safety requirements while in

Federal workplaces.

6) Vaccination and timeline requirements for covered contractor employees: Covered contractors must ensure that all covered contractor 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.

7) Are there any special accommodations for covered contractors who are not vaccinated? A covered contractor may be required to provide an accommodation to covered contractor employees who communicate to the covered contractor that they are not vaccinated against COVID-19 because of a disability (which would include medical conditions) or because of a sincerely held religious belief, practice, or observance. A covered contractor should review and consider what, if any, accommodation it must offer. Requests for “medical accommodation” or

“medical exceptions” should be treated as requests for a disability accommodation.

8) Vaccination documentation: The covered contractor must review its covered employees’ documentation to prove vaccination status. Covered contractors must require covered contractor employees to show or provide their employer with one of the following documents: a copy of the record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on

September 3, 2020), a copy of medical records documenting the vaccination, a copy of immunization records from a public health or State immunization information system, or a copy of any other official documentation verifying vaccination with information on the vaccine name, date(s) of administration, and the name of health care professional or clinic site administering vaccine. Covered contractors may allow covered contractor employees to show or provide to their employer a digital copy of such records, including, for example, a digital photograph, scanned image, or PDF of such a record. The covered contractor shall ensure compliance with the requirements in this Guidance related to the showing or provision of proper vaccination documentation.

9) Additional FAQs can be found in the Safer Federal Workforce Task Force COVID-19 Workplace Safety:

Guidance for Federal Contractors and Subcontractors Issued September 24, 2021. Link: Guidance for Federal

Contractors and Subcontractors (saferfederalworkforce.gov)