Memo: Presidential Executive Order and Guidance for Federal Contractors
Updated On: Oct 12, 2021
National Executive Council
October 12, 2021
Presidential Executive Order and Guidance for Federal Contractors
Recently, both Alaska Air Group Inc. and Southwest Airlines announced they are subject to legal obligation, as federal contractors, to require employees to submit to a compulsory vaccination process that must be completed by December 8, 2021.
Please see the following documents issued by the White House and federal government:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and section 301 of title 3, United States Code, and in order to promote economy and efficiency in procurement by contracting with sources that provide adequate COVID-19 safeguards for their workforce, it is hereby ordered as follows:
On September 9, President Biden announced his Path Out of the Pandemic: COVID-19 Action Plan. One of the main goals of this science-based plan is to get more people vaccinated. As part of that plan, the President signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, (“the order”) which directs executive departments and agencies, including independent establishments subject to the Federal Property and Administrative Services Act, 40 U.S.C. § 102(4)(A), to ensure that covered contracts and contract-like instruments include a clause (“the clause”) that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier subcontracts. This clause shall specify that the contractor or subcontractor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (“Task Force”), provided that the Director of the Office of Management and Budget (“OMB”) approves the Task Force Guidance (the or this “Guidance”) and determines that the Guidance, if adhered to by covered contractors, will promote economy and efficiency in Federal contracting.
AMFA legal counsel and leaders will continue to monitor the federal government and company-mandated programs as well as related litigation so we can fully assess their impact on your job security.