Vaccine Requirements for Federal Contractors

The Safer Federal Workforce Task Force has provided further guidance on vaccination requirements for all federal contractors and subcontractors. Additionally, the FAR Council has issued guidance for federal agencies to implement these requirements in the coming days, which includes a contract clause requiring full compliance with all guidance and FAQs published by the task force. Federal agencies have moved rapidly to issue class deviations to immediately implement, including the Department of Defense and the General Services Administration. AGC has retained outside legal counsel to help review legal options. To further this discussion, AGC needs members who perform direct federal work to:

• Fill out this survey to provide the association with critical information on this subject

The guidance and class deviations raise many questions without clear answers. The association has directly spoken with the White House Office of Management and Budget, the Task Force, and key federal construction owner agencies to explain the significant disruptions this will cause to the construction of federal projects.

The FAR Council will likely begin the process of incorporating the interim contract clause into the FAR. While the task force encourages agencies to apply this vaccine clause beyond the contracts it lists, it is understood that the clause must be included in solicitations issued beginning October 15. For new contracts (including new task orders issued under existing ID/IQ contracts), the clause must be incorporated into new awards made on or after November 14. For contracts that include the clause, applicable federal contractor employees must be fully vaccinated no later than December 8. For federal contracts awarded prior to October 15 where performance is ongoing, the clause must be incorporated at the point at which an option is exercised, or an extension is made.

AGC and its members have encouraged voluntary COVID-19 vaccination for their employees since the vaccines became available. The construction industry has proven throughout the pandemic that it can work in a safe and essential manner, as many construction activities have been deemed by OSHA as low exposure risk.

For more information, contact jordan.howard@agc.org or (703) 837-5368.