HR Hotline: Are We a Lined Contractor Underneath the Federal Vaccine Mandate? |

Q: I perceive federal prime contractors and subcontractors are topic to a vaccine mandate. However what, precisely, is a “prime contractor” and “subcontractor” for these functions?

If my firm manufactures and sells merchandise to a different firm that works with the federal authorities, does that make me a subcontractor lined by the vaccine mandate?

A: You might be appropriate that federal prime contractors and subcontractors are topic to the vaccine mandate, outlined in President Biden’s Sept. 9, 2021 government order. 

In accordance with that order and the associated printed pointers, lined contractors and subcontractors should guarantee their staff are absolutely vaccinated for COVID-19 by Jan. 18, 2022.  

This requirement is solely separate from the OSHA Emergency Short-term Commonplace that applies to massive, non-public employers, and which is at the moment stayed—on pause—whereas the difficulty is reviewed by the federal courts. 

 In different phrases, the rule pertaining to federal contractors remains to be in impact.  


So what’s a federal prime contractor and subcontractor? 

For functions of the vaccine mandate, your organization is a federal prime contractor if it’s a get together to a authorities contract or settlement—whether or not written or verbal—for the supply of providers to a authorities company, with the overall contract worth being greater than $250,000.  

Lined contracts embody lease agreements, development contracts, service agreements, and buy orders.  

If your organization has an settlement with the prime federal contractor, whereby your organization has agreed to supply providers in accordance with specs provided by that prime contractor, then your organization is a federal subcontractor.  

Lined contracts embody lease agreements, development contracts, service agreements, and buy orders.

The subcontractor’s contract with the prime contractor will both explicitly incorporate phrases from the federal government contract, or it would point out that the providers at problem are provided particularly for the federal government contract.  

In distinction, your organization could also be a vendor—and never a subcontractor—if it merely supplies normal providers to the prime contractor, with out making specs which are particularly required by the federal government contract. 

Most notably, contracts and subcontracts for the manufacture of provides and merchandise should not lined by the vaccine mandate.

If your organization manufactures and sells a product to a normal contractor, who then provides that product to the U.S. Division of Protection, your organization will not be a subcontractor topic to the vaccine mandate, though you’re working with a federal contractor.

Mandate Compliance

If you happen to decide that your organization is a lined prime or subcontractor, you’re liable for making certain that your staff are absolutely vaccinated for COVID-19, until they’re legally entitled to an lodging for medical or spiritual causes.

There is no such thing as a testing various for workers of lined federal contractors and subcontractors.

Take into account this mandate applies to each full-time and part-time staff, who both: (1) work in reference to a authorities contract, no matter their bodily location; or (2) work at your bodily office. 

Workers who carry out duties essential to the efficiency of the federal government contract, however who should not instantly engaged in performing the precise work known as for by the lined contract, comparable to human sources, billing, and authorized overview, are staff who work “in reference to” the contract, and in flip, should be vaccinated.

Any worker working at your bodily website should be vaccinated as nicely.

The principles are advanced and complex, as are the OSHA guidelines for employers with greater than 100 staff. 

When you have questions on these vaccine mandates, join CBIA’s Nov. 30 HR Hotline Reside: Federal Vaccine Mandate webinar.

HR issues or points? Electronic mail or name CBIA’s Diane Mokriski on the HR Hotline (860.244.1900) | @HRHotline.