Page 4 - COVID Executive Order Survival Guide Brochure

Does The EO And Guidance Apply To Me?
It’s likely. As discussed in more detail below, the new rules apply very broadly. If you sell a service to the U.S. Government or to a business that sells to the U.S. Government, you likely will be impacted by the rule in some way. Additionally, because the rule “urges” federal contracting officers to incorporate the new clause in contracts that go beyond the express scope of the rule, even product manufacturers are likely to be impacted in some way.
What Does The Rule Require?
Broadly speaking, the Task Force Guidance requires vaccinations (with certain limited exceptions), proper masking, and physical distancing. The specifics are spelled out in the most recent version Task Force Guidance and will not be repeated here.
One point is worth emphasizing, though – all Covered Contractor Employees must be fully vaccinated by January 18, 20221 (unless entitled to a legal accommodation), including covered contractor employees working from home. If you do the math, this means contractors that will be covered by the rule better get started NOW because employees are only considered “fully vaccinated” once they are two-weeks past the second dose of a two-shot vaccine, or two weeks after receiving a one-shot vaccine. What this means is that December 7, 2021 is the last day a Covered Contractor Employee can receive the first shot of a Moderna two-shot vaccine in order to be in compliance with the new rules considering the four-week waiting period between shots, December 14, 2021 is the last day to receive the first shot of a Pfizer-BioNTech two-shot vaccine considering the three-week waiting period between shots, and January 4, 2022 is the last day to receive the Johnson & Johnson single shot vaccine.
After January 18, all Covered Contractor Employees must be fully vaccinated by the first day the clause is incorporated into your contract(s) (e.g., the period of performance for a new contract, the first day of the period of performance on an exercised option or extended/renewed contract when the clause has been incorporated into the covered contract, or the first day the Government issues a modification to your contract incorporating the clause).
The Guidance also requires Covered Contractors to follow the CDC’s guidelines for masking and physical distancing at a Covered Contractor Workplace (including indoor and outdoor facilities), which applies to employees and visitors, and appears to require compliance with the CDC guidelines upon acceptance of the contract clause. The applicable CDC guidelines depend on whether the Covered Contractor Workplace is located in an area of high or substantial community transmission. These guidelines also vary (i.e., are less stringent) depending on whether an individual is fully vaccinated.
Vaccination Countdown to January 18th Compliance
2021 2021 2022
DECEMBER DECEMBER JANUARY
07 14 04
Last day to receive first Last day to receive first shot Last day to receive shot of Moderna vaccine of Pfizer-BioNTech vaccine Johnson & Johnson vaccine
* Timelines for international vaccines may vary
1 Originally, the Task Force Guidance required covered employees to be fully vaccinated by December 8, 2021. However, on November 4, the Task Force updated the Guidance to change the date to January 18, 2022 to align with the deadline to receive the final vaccine dose in other federal vaccination mandates (specifically, the OSHA ETS and the CMS rule).
PAGE 4 | EXECUTIVE ORDER 14042 SURVIVAL GUIDE
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