On September 9, 2021, the Biden Administration issued its Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Order”). The Order requires federal contractors to ensure that its employees are vaccinated against COVID-19, except in limited circumstances where an employee is legally entitled to an accommodation. As a federal contractor, Broadcast Microwave Services, LLC (“BMS”) is required to comply with the Order. Moreover, providing a safe and clean environment for our employees and others is, and will always be, a top priority for BMS. This is especially true given the extraordinary times we are experiencing.
Accordingly, in light of the Order, as well as the contagious nature of COVID-19, BMS has a mandatory vaccination policy requiring COVID-19 vaccination for all employees, including new hires. In accordance with BMS’s duty as a federal contractor and its commitment to providing and maintaining a workplace that is free of known hazards, we are adopting this policy to safeguard the health of our employees and their families, as well as the community at large.
Vendor/Subcontractor Flow Down
Federal Acquisition Regulation (“FAR”) contract clause 52.223-99, “Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors,” is a mandatory contractual flow-down and applicable to Federal Government contract sales. By accepting a Purchase Order from Broadcast Microwave Services, the vendor and/or subcontractor certifies compliance with this requirement. FAR contract clause 52.223-99, “Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors,” provides as follows:
ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)
(a) Definition. As used in this clause-
United States or its outlying areas means—
(1) The fifty States;
(2) The District of Columbia;
(3) The Commonwealth of Puerto Rico and the Northern Mariana Islands;
(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and
(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.
(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).
(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.