Important information about contractor vaccine requirement in Proclamation 21-14.1 and implementation resources
Proclamation 21-14.1 has vaccination requirements for contractors who perform on-site work at state cabinet agencies and other locations. Information on which contractors the requirement applies to is found here. Agencies and organizations are responsible to make sure contractors performing work on-site meet the requirements.
The following message, sent from the state Office of Financial Management (OFM) to state cabinet agencies, includes resources designed to help meet the requirements. We hope you also find the information useful.
Implementation guidance and resources for contractor vaccine requirement
To reduce the spread of COVID-19, Washington state Governor Jay Inslee, pursuant to emergency powers authorized in RCW 43.06.220, issued Proclamation 21-14 – COVID-19 Vaccination Requirement (dated August 9, 2021), as amended by Proclamation 21-14.1 – COVID-19 Vaccination Requirement (dated August 20, 2021) (“proclamation”).
The proclamation requires contractors who have goods, services, or public works contracts with a Washington state agency to ensure that their personnel (including subcontractors) who perform contract activities on site comply with the COVID-19 vaccination requirements, by requiring such personnel to be fully vaccinated, unless properly exempted for disability or sincerely held religious beliefs, as set forth in the proclamation.
To assist agencies in implementing the contractor vaccination requirements, the Office of Financial Management and Department of Enterprise Services (DES) have been working together to develop guidance, tools and templates. These resources have now been posted on the Governor’s website and include:
- Contract Management Toolkit – This document provides general guidance, along with such templates as a notification letter to contractors, contractor certification, and provisions to be included in solicitations and future contracts.
- Sample notification letter for contractors
- Process for vaccine verification if delegated to the contractor
- Quick reference summary chart
We understand that these materials may not work for all circumstances, so feel free to modify them if needed for your particular contract. Work with your assistant attorney general if you need to modify the templates.
DES has posted additional resources related to how master contracts are being handled, what to do with leased facilities, and how DES will navigate public works contracts. Other resources include:
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Purchasing exception for goods and services. State organizations that need to replace goods and services that are currently provided by contractors or suppliers who do not comply with proclamation requirements may use the COVID-19 vaccination-related purchase exception.
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Statewide master contracts for goods and services. DES has identified statewide master contracts for goods and services that include on-site work. DES will contact those vendors and review declarations for compliance with the proclamation. Please note that:
- DES will maintain an updated list that reflects vendor status.
- If a contractor is listed as verified, agencies retain authority to check for compliance, but are not required to do so.
- If a contractor is not listed as verified, and for all other master contracts that might have optional on-site work, the agency should work directly with the contractor to validate compliance.
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Leased facilities. DES will contact lessors and review declarations from landlords for facilities that DES enters into lease contracts on behalf of agencies. Agencies will be responsible to ensure compliance with the proclamation requirements for any on-site vendors contracted directly by the agency, such as security or janitorial services not supplied by the lessor.
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Public works contracts. DES will contact contractors and review declarations for all public works contracts that the agency oversees for compliance with the proclamation. To check a contractor’s status, contact the project manager.
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