A Critical Warning to Federal Contractors and Subcontractors with Unvaccinated Employees: Time is Running Out to Comply with President Biden’s Vaccination Mandate
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On September 9, 2021, President Biden issued Presidential Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the EO). In the EO, the President requires that certain contracts with the federal government include a clause that the contractor and any subcontractors (at any tier) comply with all guidance published by the Safer Federal Workforce Task Force for the duration of the contract. On September 24, 2021, the Safer Federal Workforce Task Force issued its first iteration of this guidance titled “COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors” (the Guidance). The Guidance requires full-time and part-time employees of federal contractors and subcontractors in the United States to be fully vaccinated against COVID-19 by December 8, 2021 unless granted an accommodation for legitimate religious or medical reasons.

According to the CDC, a person is considered “fully vaccinated” two weeks after their second dose in a two-dose series (such as Pfizer or Moderna), or two weeks after a single dose vaccine (such as Johnson & Johnson). Importantly, the Pfizer and Moderna vaccines also require 21 days and 28 days respectively between the first and second doses. As a result, the vaccination process can take up to 42 days (28 days between doses + 14 days until considered “fully vaccinated”). In light of this, time is running out for federal contractors and subcontractors to comply with the executive order’s vaccination requirements.

Read the full alert here.

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