To: Management Council Members, VPs of Finance, and all eVA end-users
From: Shared Services Center
Reason: ED-18 for Contractor FAQs
Date: September 8, 2021
As a follow up to our communications sent August 27, 2021, regarding "ED-18 Contractor Requirements" (see below), we have received some great questions and feedback (Thank you!) from our Colleges. Your feedback has allowed us to get additional clarification from DGS and DHRM, which we believe you will find helpful. Below, please find a list of Frequently Asked Questions and answers.
|Updated 9/7/2021||Please note, the answers to the questions below may change if the Commonwealth modifies their guidance, or DHRM provides more clarification. We will try to maintain these answers appropriately. However, please let us know if you see a conflict or need additional clarification.|
|1||Where do I find the status of a vendor's certification?||For vendors that are under a VCCS contract, the certification status can be found on the SSC's website at the following link:
For all other types of vendors who are performing work on-site, certifications will need to obtained and attached to the purchase requisition.
|2||Where can I find the certification form?||The ED#18 Contractor Certification form can be found on the SSC's website on the forms page at the following link:|
|3||Can a vendor come on-site before they certify?||While the Directive intends for vendor's to be certified before coming on-site, as per DHRM, "If the contract worker's presence on the worksite is required and until you are provided the information from the contracting vendor, these workers should adhere to masking and social distancing protocols." In other words, for a brief transition period, a vendor can continue operations by wearing a mask and socially distancing until certified.|
|4||Can a requisition be processed before a vendor certifies?||Although there is a small grace period for vendors under contract, it is required that, to the best of our ability, we collect the certification forms before on-site work is performed. Therefore, for spot-buys, a requisition where on-site work is to be performed cannot be processed until the vendor certifies. Please see the FAQ that indicates where to find the Contractor Certification Form.|
|5||Do vendors that only work outdoors have to wear a mask?||Presently, a vendor that works exclusively outdoors does not need to wear a mask IF they can maintain social distancing. The masking requirement in the Directive is as follows:
1. All Executive Branch Employees and state contractors who have not been fully vaccinated 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, Contractors will be required to follow College-specific guidelines if those guidelines are more stringent. However, as per DHRM, "Contract workers who are not fully vaccinated will need to wear a face covering over their nose or mouth when indoors at state facilities or outdoors when close contact between individuals cannot be avoided. "
|6||Do contractors have to certify if their work is not indoors (e.g. landscaping)?||Contractors who work on-site (either indoors or outdoors) will need to be certified. Specifically, DHRM's guidance states:
Contract workers who are not fully vaccinated will need to wear a face covering over their nose or mouth when indoors at state facilities or outdoors when close contact between individuals cannot be avoided. The performance of work outdoors where six feet of social distancing can be maintained will not require face coverings (think of lawn care vendors, roofing contractors, etc.) This really is not different from what is required for employees who are not fully vaccinated.
|7||Do delivery vendors need to certify?||Incidental delivery personnel do not need to certify; however, delivery personnel whose work involves "extended" interaction will need to certify as contractors. These vendors "…are required to wear a mask, maintain social distancing, and adhere to all other agency safety protocols…."|
|8||Can the college enforce a more strict protocol for vendors than ED18?||Yes.
The language in the certification form states, "In addition to the following certification, if an institution or site has a more restrictive safety protocolor mandate in place, then the Contractor shall follow that protocol/mandate."
|9||Does ED18 apply to subcontractors?||Yes.
Subcontractors that are performing work on-site at the colleges must follow the Directive.
|10||Do we need to collect certifications from subcontractors?||No.
The Contractor from whom we purchase shall manage their subcontractors and ensure that their subcontractor's follow the Directive.
|11||What are the College and SSC responsibilities?||As you may know, the Colleges are responsible for ensuring the safety of their faculty, staff and students and the SSC will support the Colleges in that effort. ED#18 is also intended to help ensure the safety and minimize the spread of COVID-19.
Colleges should ensure that on-site contractors under a VCCS contract or approved cooperative contract are aware and comply with ED#18. If you see one of these contracted vendors on-site, check to ensure that they have an ED#18 certification on-file. If not, notify the SSC and we will follow up with the vendors. Soon enough, most vendors will be certified and the Colleges can spot check the on-site vendors.
For spot-buys, we have updated the following, which was distributed recently:
Spot Buy Vendors (including vendor agreements managed by the college) -- i.e. vendors not under a VCCS or Cooperative contracts.
Please note, these certifications will be managed via the PR/PO process.
|12||Is SSC Procurement obtaining any contractor certification forms?||SSC Procurement is in the process of obtaining certifications from all Contractors under VCCS contracts and approved Cooperative contracts. Please note, if the vendor is on a contract, but the certification has not been indicated, SSC Procurement will attempt to expedite the collection of the certification form from the vendor.
Please see the question "Where do I find the status of a vendor's certification?" for the how to find the vendor certification status.
|13||If a vendor works on multiple sites, do we need a certification for every site?||No.
The certification is obtained at the vendor level, where the vendor is responsible for managing all of their employee statuses.
|14||How will DGS and VITA managed contracts be handled?||The DHRM guidelines state, "The Department of General Services (DGS) and the Virginia Information Technologies Agency (VITA) will alert contracting vendors under their purview of the requirements imposed by ED #18."
However, each Agency is responsible for collecting the certifications from the vendors they use who will be on-site.
Since the SSC Procurement is not aware of the various DGS and VITA contracted vendors that may be on-site at our Colleges, these purchases will be treated similar to spot-buys (described above). The Colleges will be responsible for reaching out to the vendors in order to collect their ED#18 certifications.