Description
This Special Notice supplements and updates a Special Notice (10-1-21), issued by the Office of the Comptroller of the Currency (OCC), entitled: COVID-19 Special Notice Regarding Safety Protocols for Federal Contractors , for OCC contractors (and their subcontractors, at any tier). The Office of the Comptroller of the Currency(OCC) is providing updated guidance on its current operating procedures to conform with the Executive Order (EO) E.O. 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors; Safer Federal Workforce Task Force (Task Force) guidance (Guidance); Federal Acquisition Regulatory (FAR) Council; and Office of Federal Procurement Policy (OFPP). GENERAL INFORMATION: Vaccination of Covered Contractor Employees Covered contractors must ensure that all 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. Contractor employees working on a covered contract from their residence also must comply with the vaccination requirement for covered contractor employees. Masking and Physical Distancing in OCC Space Covered contractors must ensure that all contractor employees comply with OCC’s requirement for mask wearing when visiting OCC buildings and facilities (regardless of geographic location); and follow Task Force and CDC guidance for physical (social) distancing. ONSITE (BADGED) CONTRACTOR EMPLOYEES: On October 4, 2021 , the Task Force released additional Guidance on COVID-19 workplace safety protocols for Federal contractors. The OCC strongly encourages its contractors to please review all the applicable Guidance available on the Task Force website: https://www.saferfederalworkforce.gov/new/. With respect to onsite (badged) contractor employees at OCC buildings or facilities, the OCC prefers contractors [with covered contracts] verify (in advance) the COVID vaccination status (full vaccination or negative COVID test results within 3 days of entering OCC space), for their [contractor] employees. The OCC will provide additional written guidance to covered onsite (badged) contractors on the process for submitting their confirmation information. The OCC will not, under any circumstances, accept, collect or retain any health-related information for individual contractor employees. Notwithstanding the above, the OCC requires all contractors working at (or visiting) OCC buildings or facilities to retain a copy of their attestation form or copy of a negative COVID test result on their person. It is preferrable that contractor employees use the OCC link for the attestation form and, if required, show the documentation using their mobile devise, rather than carrying a paper copy. (See OCC Certification of Vaccination) Task Force Guidance – The Task Force Guidance includes Frequently Asked Questions (FAQs) for federal agencies inquiring on the vaccination status of onsite contractor employees, including the following Q&As applicable to onsite contractors: Q: Should agencies inquire regarding the vaccination status of onsite contractor employees? A: Prior to contractor employees being subject to a contractual requirement to be vaccinated, agencies need to ask about the vaccination status of those onsite contractor employees. Onsite contractor employees must attest to the truthfulness of the response they provide. If an onsite contractor employee chooses not to provide a response, they will be treated as not fully vaccinated for the purpose of agency safety protocols. In requesting this information, agencies should comply with any applicable federal laws, including requirements under the Privacy Act and the Paperwork Reduction Act. Q: How should an agency ask onsite contractor employees about their vaccination status? [Excerpt below – see Guidance for full text] A: Prior to being subject to a contractual requirement to be vaccinated, onsite contractor employees should be provided with the Certification of Vaccination form when they enter a federal building or federally controlled indoor worksite. Prior to being subject to a contractual requirement to be vaccinated, onsite contractor employees who are not fully vaccinated (or who decline to disclose vaccination status) are required to show proof of a negative COVID-19 test result from within the previous 3 days before entry to a federal building or federally controlled indoor worksite. If a contractor employee is regularly tested pursuant to an agency testing program, then they do not need to provide proof of a negative COVID-19 test from no later than the previous 3 days prior to entry to a federal building unless required to by the agency testing program. Prior to having a contractual requirement for its employees to be vaccinated and if authorized and consistent with the terms of the contract, an agency may work with a contractor to facilitate compliance by its onsite employees with the agency’s safety protocols, such as by having the company attest that all onsite contractor employees are fully vaccinated. “NEW” FAR CLAUSE: 52.223-99 - ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION) On September 30, 2021 , the Federal Acquisition Regulatory Council (FAR Council) issued guidance for agencies to add a clause related to COVID-19 workplace safety protocols to covered Federal procurement solicitations and contracts subject to the Federal Acquisition Regulation (FAR). On October 7, 2021 , the Treasury Department issued the attached FAR Class Deviation (No. 2022-00001), which the OCC will honor and follow. This Class Deviation is consistent with Section 6 of the E.O. 14042. The OCC will initiate the process of modifying the agency’s portfolio of covered contracts to incorporate FAR Clause 52.223-99 - ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)], on a bilateral basis. Pursuant to the Class Deviation, OCC contractors are hereby notified that FAR Clause 52.223-99 will be incorporated into the following contracts: All new contracts awarded on or after November 14, 2021 from solicitations issued before October 15, 2021 (this includes new orders awarded on or after November 14, 2021 from solicitations issued before October 15, 2021 under existing indefinite-delivery contracts, or blanket-purchase agreements); All new solicitations issued on or after October 15, 2021 and contracts awarded pursuant to those solicitations (this includes new solicitations issued on or after October 15 and orders awarded pursuant to those solicitations under existing indefinite-delivery contracts, or blanket purchase agreements); Extensions or renewals of existing contracts and orders awarded on or after October 15, 2021 ; and Options on existing contracts and orders exercised on or after October 15, 2021 . For contracts and orders awarded prior to October 15, 2021 , where performance is ongoing the deviation clause must be incorporated at the time an option is exercised or an extension to the period of performance is required. The OCC may include the clause in the following: Contracts that have been or will be awarded prior to November 14, 2021 on solicitations issued before October 15, 2021; Contracts that are not covered or directly addressed by E.O. 14042 because the contract or subcontract is equal to or less than the simplified acquisition threshold, as defined in FAR 2.101; and Contracts or subcontracts solely for the manufacturing of products. The clause shall not be applied to: Grants; Contracts, contract-like instruments, or agreements with Indian Tribes under the Indian Self-Determination and Education Assistance Act (Public Law 93-638), as amended, (the exclusion would not apply to a procurement contract or subcontract under the FAR to an Indian-owned or tribally owned business entity); or Solicitations and contracts if performance is outside the United States or its outlying areas (the exclusion is limited to contractor employees who are performing work outside the U.S. or its outlying areas). Contractor staff should contact their employer for guidance and any questions regarding compliance with this Special Notice.