DAD 2021-02_A1.pdf

Department of Transportation DOT Acquisition Directive Directive Number: 2021-02

COVID-19 Entry Procedures for On-Site Contractors Reporting to DOT Facilities

I. Purpose

This U.S. Department of Transportation (DOT) Acquisition Directive (DAD) establishes the policy and procedures for on-site contractors reporting to a DOT facility or operational location in during the on-going COVID-19 pandemic.

Amendment No. 1 is issued to include reference to the updated Safer Federal Workforce Task Force guidance, issued on September 13, 2021. Changes to this DAD as a result of Amendment No. 1 are highlighted for ease of reference.

II. Effective Date

This DAD is effective immediately.

III. Termination/Cancelation

This DAD is valid until canceled or rescinded.

IV. Applicability

This DAD applies to all DOT Operating Administrations (OA), with the exception of the Federal Aviation Administration (FAA).

V. Definitions

A. DOT Facility or Operational Location: Workspace for which DOT has a right of occupancy by ownership, by lease, or by any other means, such as by contract, barter, license, easement, permit, requisition, or condemnation.

B. Contractor: Firms/entities providing services and/or supplies to DOT under a Federal contract award.

C. Contractor Employees: Individual employees of the contractor entity performing work under a DOT contract award.

DEPARTMENT OF TRANSPORTATION ACQUISITION DIRECTIVE

D. On-Site: Physically being present at a DOT facility or operational location.

VI. Background

The Department has updated its current operating procedures in response to the updated Centers for Disease Control (CDC) Guidance and the July 29, 2021 guidance issued by the Administration’s Safer Workforce Task Force concerning COVID-19 Workplace Safety: Agency Model Safety Principles, and updated November 10, 2021.

The country is still in the midst of a global pandemic and therefore, Government-wide guidance continues to evolve, including recently issued guidance regarding enhanced mask wearing and testing for Federal employees, on-site contractors, and visitors. To this end, it is still highly encouraged that any contractor employee who can perform their work on a contract in support of the Department without negative impact to the mission, be afforded the flexibility to telework to the maximum extent practicable. While it is understood that many contractors must perform work at DOT operations and facilities, compliance with the new guidance and any future changes may be required.

VII. Authorities

A. Executive Order (EO) No. 13991 – Protecting the Federal Workforce and Requiring Mask Wearing, January 20, 2021

B. Office of Management and Budget (OMB) Memo No. M-21-15 – COVID-19 Safe Federal workplace: Agency Model Safety Principles, January 24, 2021

C. OMB Memo No. M-21-25 – Integrating Planning for a Safe Increased Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry Personnel Policies and work Environment, June 10, 2021

D. Transportation Acquisition Regulation (TAR), Subparts 1237.1 and 1252.237-70

VIII. Policy and Procedures

A. Policy and Procedures

1. Determine the status of the DOT worksite or facility the contractor employee(s) will be reporting to by entering the state and county of the worksite/facility into the CDC’s COVID-19 Community Levels website.

a. If the DOT worksite or facility is located in an area of “LOW” transmission, no additional action or verification is required for the contractor employee(s) to work on-site at a DOT worksite or facility.

However, please see Sub-section 4 below regarding local facility safety protocols.

b. If the DOT worksite or facility is located in an area of “MEDIUM” or “HIGH” transmission, contractors and contractor employees shall follow Sub-section No. 2-4 below.

2. If the DOT worksite or facility is located in an area of “MEDIUM” or “HIGH” transmission, using the OMB-approved Certification of Vaccination Form, contractor employees who are scheduled to report to DOT operations or facilities shall attest to their employer as to their vaccination status. Using the information provided by individual employees, contractor firms shall attest to the vaccination status of their employees who will be physically on-site at a DOT operation or facility. Contractor firms must communicate to their assigned DOT Contracting Officer’s Representative (COR) that all of their contractor employees reporting to DOT operations or facilities are following this guidance and are either vaccinated or are testing as specified in this DAD. On-site contractor employees who are not fully vaccinated or who decline to provide their vaccination status to their employer are required to obtain a negative COVID-19 test every 3 calendar days in order to enter DOT operations and facilities. Under either scenario, DOT CORs will rely on the attestation of the contractor firm.

Testing requirements only affect on-site contractor personnel who are unvaccinated or who decline to provide their vaccination status. CORs shall not collect or store information on the vaccination status of any individual contractor employee. That is the responsibility of the contractor firm.

3. Contractor personnel should carry their completed OMB-approved Certification of Vaccination form and/or current negative COVID test results with them at all times when at a DOT facility or operational location and be prepared to show those documents to any security guard or other government official if asked. The government will not retain any of the contractor forms.

4. Regardless of DOT worksite or facility transmission rate status, on-site contractor employees shall comply with all signage posted in DOT facilities or operational locations regarding masking and comply with all instructions/requirements by Federal Protective Service officers and/or facility managers. Failure to comply with signage and local facility requirements will result in removal from the facility.

While localized facility guidance takes precedence, individuals can monitor areas of high transmission via the CDC COVID-19 Data Tracker County View.

The DOT Office of the Senior Procurement Executive (OSPE) has established an On-Site Contractor Frequently Asked Questions (FAQ) site on its public facing website here to assist contracting officers, CORs and contractors in implementing this DAD.

Following these procedures helps to ensure DOT mission readiness, protect all of the on-site workforce, and bolster public health and safety.

IX. Questions

An FAQ webpage has been established here to address common questions. Any questions or concerns not addressed in the online FAQ or concerns regarding this Directive shall be submitted to OSPE at DOTAcquisitionPolicy@dot.gov.

Willie H. Smith Senior Procurement Executive