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SAMDAILY.US - ISSUE OF MAY 15, 2022 SAM #7471
SPECIAL NOTICE

99 -- Statement on Enforcement of Executive Order 14042 and Process for Contractor Entry into FAA Facilities

Notice Date
5/13/2022 10:06:49 AM
 
Notice Type
Special Notice
 
Contracting Office
FEDERAL AVIATION ADMINISTRATION US
 
ZIP Code
00000
 
Response Due
12/31/2022 8:59:00 PM
 
Archive Date
12/31/2022
 
Description
UPDATE (12-10-2021) The Federal Aviation Administration (FAA) will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, �Excluded State or Outlying Area�).��In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area.� A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/ End of Update Process for Contractor Entry into FAA Facilities I.� Effective Date This COVID-19 attestation process is effective immediately. II.� Definitions A.� Federal Aviation Administration (FAA) Facility or Operational Location: Workspace for which FAA has a right of occupancy by ownership, by lease, or by any other means, such as by contract, barter, license, easement, permit, requisition, or condemnation. B.� Contractor: Firms/entities providing services and/or supplies to FAA under a Federal contract award. C.� Contractor Employees: Individual employees of the contractor entity performing work under a FAA contract award. D.� On-Site: Physically being present at a FAA facility or operational location. III.� Background The FAA has updated its current operating procedures in response to the updated Centers for Disease Control (CDC) Guidance and the July 29, 2021 guidance issued by the Administration�s Safer Workforce Task Force concerning COVID-19 Workplace Safety: Agency Model Safety Principles (https://www.saferfederalworkforce.gov). The country is still in the midst of a global pandemic and therefore, Government-wide guidance continues to evolve, including recently issued guidance regarding enhanced mask wearing and testing for Federal employees, on-site contractors, and visitors. To this end, it is still highly encouraged that any contractor employee who can perform their work on a contract in support of the Department without negative impact to the mission, be afforded the flexibility to telework to the maximum extent practicable. While it is understood that many contractors must perform work at FAA facilities, compliance with the new guidance and any future changes may be required. IV.� Authorities A.�Executive Order (EO) No. 13991 � Protecting the Federal Workforce and Requiring Mask Wearing, January 20, 2021 B.��Office of Management and Budget (OMB) Memo No. M-21-15 � COVID-19 Safe Federal workplace: Agency Model Safety Principles, January 24, 2021 C.��OMB Memo No. M-21-25 � Integrating Planning for a Safe Increased Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry Personnel Policies and work Environment, June 10, 2021 V.� Policy and Procedures 1.� Using the OMB-approved Certification of Vaccination Form�(https://www.saferfederalworkforce.gov/downloads/CertificationVaccinationPRAv7.pdf), contractor employees who are scheduled to report to FAA facilities shall attest to their employer as to their vaccination status. Using the information provided by individual employees, contractor firms shall attest to the vaccination status of their employees who will be physically on-site at a FAA facility. Contractor firms must communicate to their assigned FAA Contracting Officer�s Representative (COR) that all of their contractor employees reporting to FAA facilities are following this guidance and are either vaccinated or are testing as specified below. On-site contractor employees who are not fully vaccinated or who decline to provide their vaccination status to their employer are required to obtain a negative COVID-19 test no older than 72 hours to enter FAA facilities. Under either scenario, FAA CORs will rely on the attestation of the contractor firm. Testing requirements only affect on-site contractor personnel who are unvaccinated or who decline to provide their vaccination status. CORs shall not collect or store information on the vaccination status of any individual contractor employee. That is the responsibility of the contractor firm. 2.� On-site contractor employees shall also follow all signage posted in FAA facilities or operational locations regarding masking and comply with all instructions/requirements by Federal Protective Service officers and/or facility managers. Failure to comply with signage and local facility requirements will result in removal from the facility. While localized facility guidance takes precedence, individuals can monitor areas of high transmission via the CDC COVID-19 Data Tracker County View (https://covid.cdc.gov/covid-data-tracker/#county-view). 3.� Contractor personnel should carry their completed OMB-approved Certification of Vaccination form and/or current negative COVID test results with them at all times when at a FAA facility or operational location and be prepared to show those documents to any security guard or other government official if asked. The government will not retain any of the contractor forms. VI.� Questions Any questions or concerns not addressed in the online FAQ or concerns regarding this Directive shall be submitted to 9-AFN-ACQ-EM@faa.gov.
 
Web Link
SAM.gov Permalink
(https://sam.gov/opp/5573890dc2aa48398ed323c04f74a7b5/view)
 
Record
SN06326523-F 20220515/220513230057 (samdaily.us)
 
Source
SAM.gov Link to This Notice
(may not be valid after Archive Date)

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