ED-18 Contractor Requirements

To: Management Council Members, VPs of Finance, and all eVA end-users

From: Shared Services Center

Area: Procurement

Reason: ED-18 Contractor Requirements

Date: August 27, 2021

As you may be aware, on August 5, 2021, Governor Northam issued Executive Directive 18 stating "All Executive Branch Employees and state contractors who enter the work place or who have public-facing work duties must disclose their vaccine status to the designated agency personnel." While College CHRO's and others are working diligently to define the procedures for VCCS employees, the SSC Procurement team has been working with DHRM and DGS on the guidance for our contractors. The following communication outlines the approach that WE (Colleges and the SSC Procurement) will be following in order to ensure contractor compliance with ED-18.

From the DHRM guidance:

"Contract workers [including sub-contractors] engaged through a state contract who work on-site or perform public-facing services on behalf of state agencies… must disclose their vaccination status to their employers (the contracting vendor that employs them.)," and
"must certify to the agencies that covered contract workers who work on site or perform public-facing services are:

a. Fully vaccinated or

b. If not fully vaccinated, are required to wear a mask, maintain social distancing, and adhere to all other agency safety protocols while working on-site or engaged in-person with the public."

In addition to the DHRM guidance above, we will include in our communication and documents the flexibility for colleges to require contractors to follow a more restrictive mandate, where the contractor shall refer to the most current mandates prior to beginning work.

In order to ensure contractor compliance, SSC Procurement will be implementing a process to manage the contractor certification process. We will follow the process below for vendors that are:

  1. On an SSC managed contract (Vendors on VCCS Contract and Approved Cooperative Contracts)
  2. Spot buys (including vendor agreements managed by the college that you are renewing through a purchase requisition process).

 

1. Vendors on VCCS Contract and Approved Cooperative Contracts:

Steps Objective Action Items Responsibility Target Date
1 To ensure College Contract Administrators are aware of their responsibilities
  • Send Informational and Instructional email to Contract Administrators
 SSC Procurement 8/27/21
2 Draft the Contractor Certification Form SSC Procurement 8/27/21
3 To Obtain vaccination certifications from vendors
  • Send Contractor Certification Forms to vendor contact
  • File signed Certification Forms in the procurement file
  • Update VCCS Contract List with 'Yes' for received certifications
 SSC Procurement 8/30/21
4 Monitoring contractors on-site Contract Administrators/Coordinators:

  • Review VCCS Contract List for ED #18 certification status for vendor visits
    • Yes = vendor certified that employees are fully vaccinated or will wear masks
    • No = vendor did not certify (default status).
  • Enforce Mask Requirement based on college mandate/protocol
 Contract Administrators/Coordinators 9/1/21

2. Spot Buy Vendors (including vendor agreements managed by the college) -- i.e. vendors not under a VCCS, DGS, or Cooperative contracts.

*Please note - since these vendors are not under a specific contract, the certifications will be managed via the PR/PO process.

Steps Objective Action Items Responsibility Target Date
1 For Purchases Orders that have been issued, but onsite work will be done on or after 9/1/2021
  • Obtain vendor Certification using the Contractor Certification Form on the SSC Website and attach to existing purchase requisition
 College End User 8/27/21
2 For NEW Purchase Requisitions for vendors that will be on-site or working in-person with our employees beginning 9/1/21
  • Obtain vendor Certification using the Contractor Certification Form on the SSC Website and attach to purchase requisition
    • If a certification for your vendor is on-file as listed in the VCCS Contract List, then note in the comment and an certification form is not necessary
    • If you have obtained a certification from the vendor previously, you may attach the same document
 College End User 8/27/21
3 As a backstop
  • New purchase requisitions may be denied if documentation is not included per task #2 above and buyer suspects that on-site or in-person work will be performed by the vendor
 SSC Procurement 9/1/21

*Please note - If a vendor is not Certified by the processes noted above, onsite contractors "must cover their mouth and nose with a mask in accordance with the Centers for Disease Control and Prevention while indoors and conducting public business".

*Please note - Sub-contractors are expected to comply with ED-18 and managed by their contractor.

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