FAQ EO 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors

The following are Frequently Asked Questions (FAQs) intended to assist HHS industry partners in navigating recently published information regarding Executive Order 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors.  This guidance will continue to be updated as new information and clarification on specific guidance becomes available.                          ______________________________________________Q1: Which contractor employees require testing, what type of testing is acceptable/ do contractor employees need to have a copy of the results to show at the HHS facility access points? A1: All covered contract employees that are unvaccinated after the December 8, 2021 vaccination deadline, to include those with legal accommodations are required to be tested for COVID-19 prior entering an HHS facility.  To gain access to an HHS facility, contractor employees not exhibiting COVID-19 symptoms and are unvaccinated, not fully vaccinated or choose not to disclose their

vaccination status will be required to show a “Negative” COVID-19 test result taken within three calendar days of presenting the test results at an HHS facility.  Those unvaccinated, not fully vaccinated or choose not to disclose their vaccination status that are without a required current test result will not be allowed access.  Tests taken for entry to an HHS facility must be those authorized by the U.S. Food and Drug Administration to detect current infection and must produce a dated result.   Q2: Is a contractor employee who works on site each day required to provide a new negative test every three calendar days in order to be complaint?A2: Yes. Any contractor that is not fully vaccinated, unvaccinated,  or choose not to disclose their vaccination status would need a negative test taken within three calendar days of attempting to gain access to an HHS facility.  Q3: How is HHS communicating these requirements to HHS industry partners? A3: The Senior Procurement Executive (SPE) held an industry meeting on October 12, 2021 to ensure awareness of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors and the requirements for compliance by federal contractors.  HHS has also published a notice to industry regrading the subject Executive order on Sam.gov.Q4.  Must the clause flow down to all tiers of subcontractors? A4:  Yes. The requirements are applicable to prime and subcontractors at all tiers, except those subcontracts solely for the provision of products. Prime contractors must flow down the clause to all first-tier subcontractors and ensure the clause flows down to each subcontractor tier.Q5: Does the guidance apply to small businesses?A5: Yes. The requirement applies to all covered contracts regardless of business size.The questions resulting from the Industry Outreach session that are not specifically addressed here are addressed on the Safer Federal Workforce Task Force web page.  Please review the site which can be found at: https://www.saferfederalworkforce.gov/For questions regarding this document, contact Mary Young at Mary.Young@hhs.gov.