CWC has learned that some federal contracting agencies have begun sending requests to federal contractors asking them to modify existing federal contracts to include the COVID-19 vaccine mandate required under President Biden’s Executive Order (E.O.) 14042, which requires “covered contractor employees” to be fully vaccinated by Wednesday, December 8, 2021. Changes are to be made via “bilateral modification,” meaning both parties must agree to and sign the modification.
Although the new COVID-19 vaccine mandate clause must be included in contracts awarded on or after November 14 and extensions, renewals, or options exercised on existing contracts and orders awarded on or after October 15, 2021 (emphasis added), there is no requirement in the Biden E.O. to otherwise modify existing contracts. The E.O., however, does instruct agencies to “encourage” contractors to include the vaccine mandate clause in contracts that are not subject to the E.O., and that appears to be happening, in some cases with the threat of sanctions if the clause is not added.
Members of the Center for Workplace Compliance (CWC) can read more here.